1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, February 10, 2014 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 TOM MOSER, Commissioner Pct. 2 24 JONATHAN LETZ, Commissioner Pct. 3 BRUCE OEHLER, Commissioner Pct. 4 25 2 1 I N D E X February 10, 2014 2 PAGE 3 --- Commissioners' Comments 4 4 1.1 Public Hearing on creation of one or more County Energy Transportation Reinvestment 5 Zone(s) 8 6 1.3 Consider/discuss, take appropriate action to enable Schreiner University to perform marketing 7 analysis for Exhibit Hall at Hill Country Youth Event Center 16 8 1.2 Consider/discuss, take appropriate action 9 on a resolution regarding gravel mining in Guadalupe River floodplain 45 10 1.6 Consider/discuss, take appropriate action to 11 hire a property tax clerk to fill the budgeted position, beginning salary at 14.1 -- 12 1.17 Consider/discuss, take appropriate action to 13 hire motor vehicle clerk to fill budgeted position, beginning salary at 14.1 52 14 1.7 Consider/discuss, take appropriate action on 15 proposal to erect memorial for Judge Pat Tinley on the courthouse square 53 16 1.4 Consider/discuss, take appropriate action to 17 accept Tier 1 Partial Exemption Racial Profiling report for Constable, Precinct 1 57 18 1.5 Consider/discuss, take appropriate action to 19 accept Full Exemption Racial Profiling report for 198th Judicial District Attorney’s Office 58 20 1.8 Consider/discuss, take appropriate action on 21 Request For Proposal for Emergency Medical Services (EMS) 58 22 1.9 Consider/discuss, take appropriate action to 23 set up procedures in accordance with Health and Safety Code, Section 694.002, duty of 24 Commissioners Court concerning disposition of body of deceased paupers 59 25 3 1 I N D E X (Continued) February 10, 2014 2 PAGE 3 1.10 Consider/discuss, take appropriate action to approve report to Commissioners Court of the 4 status of investments made under Section 887(b), Probate Code 62 5 1.11 Consider/discuss, take appropriate action to 6 approve Equitable Sharing Agreement and Certification with U.S. Department of Justice, 7 Criminal Division 62 8 1.12 Consider/discuss, take appropriate action to approve application to Texas Water Development 9 Board for Center Point Wastewater System 64 10 1.13 Consider/discuss, take appropriate action to accept 2013 Racial Profiling report as submitted 11 by Kerr County Sheriffs Office to Texas Commission on Law Enforcement 65 12 1.14 Consider/discuss, take appropriate action 13 regarding renovations to indoor arena at Hill Country Youth Event Center 65 14 1.15 Consider/discus, take appropriate action on 15 capital items for proposed Certificate of Obligation 78 16 4.1 Pay Bills 84 17 4.2 Budget Amendments 85 4.3 Late Bills 85 18 5.1 Reports from Commissioners/Liaison Committee Assignments -- 19 5.2 Reports from Elected Officials/Department Heads 86 4.4 Approve and Accept Monthly Reports 89 20 5.3 Reports from Boards, Commissions & Committees - City/County joint projects or operation reports 90 21 1.16 Consider/discuss, take appropriate action on 22 interviews and possible hiring of Veteran Services Officer (Executive Session) 92 23 3.1 Action as may be required on matters discussed 24 in Executive Session -- 25 --- Adjourned 92 4 1 On Monday, February 10, 2014, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 COMMISSIONER BALDWIN: Good morning, ladies and 8 gentlemen. We'll welcome you to the Commissioners Court. 9 It's 9 a.m. on Monday, February 10th, 2014. We're in the 10 Commissioners Courtroom with all four Commissioners present. 11 If you would please stand and join me in a word of prayer, 12 and then we'll do the pledge of allegiance. 13 (Prayer and pledge of allegiance.) 14 COMMISSIONER BALDWIN: Thank you very much. You 15 may be seated. At this time, we'd invite citizens from the 16 community that have something to talk about, to speak on, to 17 bring information to the Commissioners Court that is not an 18 agenda item, you're welcome to come forward at this time. 19 Seeing no one, we'll go into the Commissioners' comments. 20 Number two, what do you have on your mind? 21 COMMISSIONER MOSER: Let's see. The only one thing 22 is, I keep referring to what's happening out at the airport, 23 and -- and adding stuff that's going to bring additional 24 revenue. The ground has been broken, thanks to -- I don't 25 see Len Odom or the Road and Bridge people in here. They're 2-10-14 5 1 out there; they're digging, leveling the site. The T-hangars 2 are under construction, should be through by early summer, 3 and revenue will start coming in from that. So, it's been a 4 long time coming, but we've jumped through all the hurdles 5 and it's happening. 6 COMMISSIONER BALDWIN: Fantastic. 7 COMMISSIONER MOSER: Yep. 8 COMMISSIONER BALDWIN: Anything else, sir? 9 COMMISSIONER MOSER: No. 10 COMMISSIONER BALDWIN: Number three? 11 COMMISSIONER LETZ: I don't think I have anything 12 today. 13 COMMISSIONER BALDWIN: This is a rare moment. 14 Number four? 15 COMMISSIONER OEHLER: Let's get on with it. 16 COMMISSIONER BALDWIN: All right. I have one 17 comment to make. There's something that I have been -- had a 18 passion about for many years, and we're finally getting 19 around -- we're going to sit down and have a talk about 20 public defenders in Kerr County. And if you look at the 21 budget and the amount of money that is spent -- taxpayers' 22 money that's spent on Court-appointed attorneys and all of 23 those things with that, you would agree with me that we at 24 least need to sit down and have the conversation. And we're 25 going to do that on February the 21st. We're going to do 2-10-14 6 1 that in the grand jury room upstairs behind the district 2 courtrooms, and we're going to discuss -- there's grant money 3 out there to run these things, and large amounts, I might 4 add. And we're going to talk about all those things up 5 there, and we're putting together a group, the District 6 Judges and all of us, or whoever of us, and there's some 7 attorneys coming. And, I mean, everybody's invited to this 8 thing, 'cause we want to have an open discussion about it and 9 kind of get it going. So -- 10 SHERIFF HIERHOLZER: What time, Buster? 11 COMMISSIONER BALDWIN: That would be at 11 o'clock. 12 SHERIFF HIERHOLZER: Thank you. 13 COMMISSIONER BALDWIN: Yes, sir. And I hope you're 14 there, Rusty. 15 COMMISSIONER LETZ: Commissioner, I know I said I 16 wasn't going to say anything, but can I -- 17 COMMISSIONER BALDWIN: Number three, do you have 18 anything for us today? 19 COMMISSIONER LETZ: You mentioned the 21st, and 20 that made me think of the 20th. And on the 20th, Region J 21 will have a meeting here in Kerrville. We moved it -- or I 22 moved it at the last minute from Bracketville to here, 23 because Director Bruun, Bech Bruun, one of the three 24 directors of the Water Development Board, will be present at 25 that meeting. I'm not sure if it will be the entire meeting 2-10-14 7 1 or not, but we're trying to schedule that. But that's a 2 little bit unusual for us to have one of their directors come 3 in for a meeting. 4 COMMISSIONER MOSER: That's going to be where? 5 COMMISSIONER LETZ: It will be at U.G.R.A. on the 6 20th. We're still working on trying to schedule the time 7 with him. Probably we'll start the meeting at 10:00, but I'm 8 not sure he'll be present maybe until after lunch. 9 COMMISSIONER MOSER: Okay. 10 COMMISSIONER LETZ: That's it. 11 COMMISSIONER BALDWIN: Okay. Anything else? 12 COMMISSIONER LETZ: That's it. 13 COMMISSIONER BALDWIN: That's it. Number four, do 14 you want to make another -- fire a shot? 15 COMMISSIONER OEHLER: No, but being as you brought 16 up the public defender, I've been hoping we'd do that for a 17 lot of years. I think we're just now to the point to where 18 that may be more advantageous than it has been in the past. 19 I think a lot of it has to do with the amount of money spent. 20 COMMISSIONER BALDWIN: Yeah. 21 COMMISSIONER OEHLER: Getting to that point to 22 where you -- it's -- you're better to have a defender, 23 really, than -- 24 COMMISSIONER BALDWIN: It may be. 25 COMMISSIONER OEHLER: -- than appointing lots of 2-10-14 8 1 attorneys. We don't know yet, but I think it's getting to 2 be -- 3 COMMISSIONER BALDWIN: We're -- I have a couple of 4 guys out there evaluating the whole thing right now, and 5 smarter guys than I am, which it doesn't take much. But 6 the -- once we get their report -- and they're local 7 attorneys. Once we get their report, then the starting 8 point, in my mind, is that we can lay down what we think it's 9 going to cost us to have a -- have an office, as opposed to 10 how much money we're spending today, you know, just -- if 11 it's -- you know, if it's totally out of kilter, we may be 12 getting in a little bit early. But anyway, thank you very 13 much. Let's get into the regular agenda. A 9 o'clock item, 14 1.1; public hearing on creation of one or more County Energy 15 Transportation Reinvestment Zones. And so I'm going to 16 recess the Commissioners Court meeting and open a public 17 hearing on the creation of an Energy Transportation 18 Reinvestment Zone. 19 (The regular Commissioners Court meeting was closed at 9:06 a.m., and a public hearing was held in open 20 court, as follows:) 21 P U B L I C H E A R I N G 22 COMMISSIONER BALDWIN: Mr. Henneke, do you have any 23 comments to make at this time? 24 MR. HENNEKE: I do. And if it's okay, I'm kind of 25 tethered over here, but what we're -- what this is, is this 2-10-14 9 1 is a County Energy Transportation Reinvestment Zone, which 2 the creation of is required as a prerequisite to be applying 3 for the -- the TexDOT grants that came from the allocation of 4 money from the Eagle Ford and other kind of oil and gas 5 infrastructure that the State is reallocating to counties for 6 roads, because of the -- the wear on the roads that have been 7 caused by the oil and gas industry. And we have been 8 notified that Kerr County may be eligible for a minimum of 9 $121,000 grant funding to go towards the -- the road 10 infrastructure if we follow the certain steps, and one of 11 those steps is the creation of a CETR zone. 12 And the -- what this is, is it's an area that -- of 13 under-developed or under-utilized property that the County 14 designates and dedicates or pledges all the captured 15 appraised value of real property located within that zone for 16 transportation infrastructure projects. But it doesn't have 17 to be a big zone; it can be a very small area. And so the 18 County designates that CETR zone, and then the -- I guess the 19 increase in tax revenue in that area is supposed to be 20 earmarked for transportation projects. So, I know I'm 21 getting those weird looks, "Why do we need to do this?" The 22 short answer is because it's a prerequisite to apply for 23 $121,000 in grant funding for TexDOT that we have this CETR 24 zone. One of the steps that you have to do is to create this 25 and have a public hearing 30 days before adoption of the 2-10-14 10 1 order. And having the order adopted is a prerequisite to 2 applying for the grant money, so we need to -- the -- let me 3 find my notes, gentlemen. 4 COMMISSIONER MOSER: While you're doing that, may I 5 ask a question? Or -- 6 MR. HENNEKE: Go ahead. 7 COMMISSIONER MOSER: Yeah, two questions. You said 8 a minimum of 121,000, and you said un -- undeveloped or 9 under-developed land. Talk about those two things. 10 MR. HENNEKE: Well, kind of a -- I mean, this is 11 like an economic development tool that -- for areas that 12 have -- I guess for under-developed transportation 13 infrastructure that's caused the properties in that area to 14 not be able to be developed. You can designate an area, and 15 specifically designate that the ad valorem tax to go into 16 transportation infrastructure. You know, I can't really 17 think of an area in Kerr County that is a textbook example of 18 that. 19 COMMISSIONER MOSER: So, it's not to repair the 20 roads that have been torn up or anything because of all the 21 activity down there? 22 MR. HENNEKE: Right. Well, the -- the grant money 23 that we're getting, the State is reallocating money that's 24 been generated by tax revenue from the oil and gas industry. 25 COMMISSIONER MOSER: Right. 2-10-14 11 1 MR. HENNEKE: Back to the counties, to compensate 2 the counties for the wear and tear on the county roads. 3 That's -- that's why -- that's where this $121,000 has been 4 earmarked. And -- 5 COMMISSIONER MOSER: But we have to use it for 6 something other than fixing or repairing roads that, quote, 7 hypothetically have been damaged. So this is to create a new 8 economic -- 9 MR. HENNEKE: No. 10 COMMISSIONER MOSER: That's what I thought you 11 said. 12 MR. HENNEKE: Dealing with the State drives me 13 crazy sometimes. It's -- it's two unrelated concepts. 14 COMMISSIONER MOSER: Yeah, sounds like. 15 MR. HENNEKE: The 121,000 in grant funds is going 16 to be given to Kerr County for use in roads; generally 17 speaking, transportation. 18 COMMISSIONER LETZ: Can I stop you there? 19 MR. HENNEKE: Yeah. 20 COMMISSIONER LETZ: How specific are the use -- I 21 mean, are they used for county roads? Matching on state 22 roads? Are they roads damaged by oil? I mean, is there 23 any -- or can we just, like, use it at Road and Bridge to 24 fund equipment for the repair of roads? 25 MR. HENNEKE: You know, I don't know specifically 2-10-14 12 1 the limitations of that $121,000. But, I mean, it's grant 2 money for -- for transportation in Kerr County. 3 COMMISSIONER LETZ: Okay. 4 COMMISSIONER MOSER: So how does that relate to 5 undeveloped and under-developed things for economic 6 development? 7 MR. HENNEKE: The -- it doesn't. Thank you. The 8 purpose of a CETR zone is designating an area that is 9 underdeveloped in transportation that you -- the county 10 government wants to develop, and designate tax revenue from 11 that area for it. 12 COMMISSIONER MOSER: Okay. 13 MR. HENNEKE: And that's the TexDOT prerequisite to 14 applying for the money. And so the money that we're going to 15 get from TexDOT doesn't just only get spent in this zone. 16 It's one of the steps in the grant process. And I wish I 17 could explain it better, but the best way it's been explained 18 to me from the attorneys that we brought on to help us walk 19 through this overly convoluted and complicated process is 20 you've just got to do it in order to be eligible for the 21 money. So, what Kerr County needs to do is to eventually, 22 when we adopt the order here in 30 days after having the 23 public hearing -- and I want to sit down a second, 'cause I 24 see all the folks lining up to give public testimony on the 25 creation of the CETR zone -- is to designate an area, a 2-10-14 13 1 parcel of land in Kerr County and, you know, a part of a road 2 in Kerr County that needs to be improved, and we'll just 3 designate that area as the CETR zone to satisfy the 4 prerequisite necessary in order to qualify for this grant 5 money. And in all likelihood, we'll never do anything with 6 the CETR zone; it will just be on the books, and it will be a 7 small parcel of land and, you know, overlapping on a piece of 8 road that will just be there on the books. And if anybody 9 asks why you created that CETR zone, the answer will be 10 because that was a prerequisite in qualifying for the TexDOT 11 grant related to the oil and gas, you know -- 12 COMMISSIONER MOSER: May I just give you a 13 hypothetical example to see if this fits it? 14 MR. HENNEKE: Please. 15 COMMISSIONER MOSER: And I'm not saying this is 16 what I would advocate, but I can think of this as perhaps 17 being exemplary. On Spur 100 near the cemetery, there's a 18 very, very narrow bridge. It's, like, almost a one-lane 19 bridge, okay, that goes across the creek. There's been a lot 20 of development out Spur 100; Twin Springs and other things 21 that the -- Lion's Camp, blah, blah, blah. Fritz-Freeman is 22 there. So, could we say, yeah, if we make this bridge so two 23 cars can pass on it safely, that that's going to enhance the 24 economic development beyond that, and therefore we use 25 121,000 for that project? Is that -- 2-10-14 14 1 MR. HENNEKE: I think that would be a great example 2 of the area to designate as the CETR zone. 3 COMMISSIONER MOSER: That was -- I'm not 4 advocating; just saying that's an example. 5 MR. HENNEKE: But the money we get will not be 6 limited to that area that you designate. 7 COMMISSIONER MOSER: I see. 8 MR. HENNEKE: It's two unrelated things. So, 9 actually, part of my questions in this public hearing was to 10 ask if there was an example like that that could come to mind 11 of -- not a high taxable, you know, valued area that we could 12 designate for this zone. 13 COMMISSIONER MOSER: Mm-hmm. 14 MR. HENNEKE: And if there's not a better 15 suggestion, I'll -- I'll, you know, -- 16 COMMISSIONER MOSER: Just -- 17 MR. HENNEKE: -- include that in the order. But I 18 know I'm getting some confused looks, gentlemen. I wish I 19 could explain it better, but this is really something that's 20 probably more applicable in an urban area, where you have a 21 -- you know, an area of commercial development that's been 22 run down and under-utilized and, you know, needs to be 23 developed to increase the tax rates. But you have to create 24 it in order to apply to TexDOT for the money, and this public 25 hearing is a step to move towards that. So, when we come 2-10-14 15 1 back here in 30 days after the public hearing, I'll have the 2 order put together for the Court to adopt. It'll meet the 3 requirements, and then the day after that is when we will 4 apply to TexDOT for this grant money that we've been told 5 we're eligible for. 6 COMMISSIONER LETZ: But the CETR zone needs to be 7 more than just the bridge; it would have to be some property 8 around the bridge? 9 MR. HENNEKE: Yeah, we'd designate a parcel of land 10 adjacent to it. 11 COMMISSIONER LETZ: Could it be County-owned 12 property? 13 MR. HENNEKE: I asked about, that because 14 originally I was just going to designate the Road and Bridge 15 facility as the CETR zone, and the advice from our counsel 16 has been that it needs to be a taxable piece of property. 17 So, I'll get -- I'll grab a small tract next to -- near that 18 bridge to include in the zone. 19 COMMISSIONER LETZ: Okay. So, another example 20 could be a road like Sutherland Road, which is between Martin 21 Marietta and the river, which is heavily used -- traveled, 22 and pull in one of those parcels as part of the zone. 23 MR. HENNEKE: Yeah, you could do that instead. I 24 mean, it's up to the Court. I really, at this point, don't 25 see that the zone that would be designated will have any real 2-10-14 16 1 applicability or significance to Kerr County, except for 2 being the prerequisite to apply for this grant money. 3 COMMISSIONER LETZ: Okay. 4 MR. HENNEKE: That's my public comments. Thank 5 you. 6 COMMISSIONER BALDWIN: Thank you, sir. This is a 7 public hearing. Does anyone else have any comments to make 8 on this issue? Seeing, hearing none, we'll close the public 9 hearing and go back to the Commissioners Court meeting. It's 10 9:15. 11 (The public hearing was concluded at 9:15 a.m., and the regular Commissioners Court meeting was 12 reopened.) 13 - - - - - - - - - - 14 COMMISSIONER BALDWIN: Counselor, do we -- do we 15 have room here to make any motions on that issue? 16 MR. HENNEKE: It's just a public hearing. 17 COMMISSIONER BALDWIN: And no setting dates for the 18 future meeting or anything? We don't have to. We'll 19 probably have a meeting March 12th on this thing. 20 COMMISSIONER MOSER: Yeah, okay. 21 COMMISSIONER BALDWIN: We're going to skip Item 1.2 22 for right now, and we're going to go to Item 1.3; consider, 23 discuss, and take appropriate action to enable Schreiner 24 University to perform a marketing analysis for the Exhibit 25 Hall at the Hill Country Youth Event Center. Commissioner 2-10-14 17 1 Moser? 2 COMMISSIONER MOSER: Thank you. Thank you, Buster. 3 I bring this to the Court for a couple reasons. We've been 4 talking about -- "we" collectively, the entire community -- 5 been talking about the exhibit hall out at the Ag Barn being 6 the next phase of development. And there's been discussion 7 of let's build a new one, which I think Peter Lewis has done 8 some architectural work on. There have been discussions with 9 Convention Bureau on what the requirements are. There have 10 been studies in the past by Sudie Burditt when she was 11 running that organization. Been discussions with K.E.D.C., 12 with the Chamber of Commerce on -- and I'm going use the 13 four-letter word -- what the need is. 14 The thing that -- that appears to me is we've never 15 established what the need of that facility would be. It's 16 used now by -- by Bob Reeves and Steve Bauer and all the 17 group out there, used very effectively that way. 4-H club 18 uses it, the F.F.A. uses it, the County Agricultural Agent 19 uses it. There's some question about if the size that exists 20 now is adequate, and I think the answer is there hasn't been 21 anything to establish firmly that we need more. I know Steve 22 and Bob have some good ideas about if it were larger, we 23 could bring in more exhibits when the livestock show occurs. 24 But the thing that has not happened is, we haven't looked at 25 the broad scope of what all of the potential conventions that 2-10-14 18 1 could come into that area. Charlie McIlvain has a list of 2 things, but he's never, you know, I think, done a marketing 3 assessment. I'm not sure that that's within the capability 4 of the Convention Bureau. 5 So, in discussions with several people around town 6 there that are, quote, marketing experts, I was led to 7 Schreiner University as having a lot of expertise in this. 8 In meeting with some of the folks out there, some of the 9 professors in the business school and the marketing and 10 economic analysis group, they have done some fantastic 11 studies on marketing assessment, economic impact for a lot of 12 things in Kerr County. They've done a superb job in 13 documenting the analysis, and they've been used very 14 effectively. An example would be Dietert Center; you know, 15 what was Dietert Center to build? How much should it be? 16 What was -- what were the uses of it? Blah, blah, blah, all 17 of that. So, it's been very effective in establishing their 18 plans and operations for it, and there's a whole list of 19 these things. 20 So, with that, and looking at what are the needs, 21 if we hired somebody to do such a marketing assessment, an 22 economic impact analysis, it would probably cost somewhere in 23 the neighborhood of about $50,000 ballpark to do that. I 24 mean, that would be probably a reasonable estimate of what it 25 would be. Schreiner University, with the professors there, 2-10-14 19 1 with their expertise, and as a class project, would be 2 willing to do this starting next week at no cost to the 3 county, except for some -- some minimum printing stuff, and 4 maybe some gasoline money to run around collecting data, and 5 do this assessment and this analysis and report to 6 Commissioners Court in four phases, and I think I've outlined 7 for you here what those things would be. They would identify 8 a plan, show us what their plan would be, come in with an 9 interim report halfway through, a final report within 90 10 days. It would let us, then, see how much this County should 11 invest, okay, in the facility, and to what it would be used 12 for. I think that that would -- something like this would 13 help Steve and Bob also in their pursuit of raising money for 14 contributions for the facility. Then people could get a 15 better understanding exactly how it would be used. 16 So, with that -- with that background, what I'm -- 17 what I'm proposing here -- and you have a letter, and I think 18 I want to probably read the letter into the record so that 19 we'll have it, to engage Schreiner University to perform this 20 marketing analysis. So let me -- let me read the -- 21 COMMISSIONER BALDWIN: Do you want to do this now, 22 or do you want to do it at the time of a motion? 23 COMMISSIONER MOSER: Well, I'll do it at the time 24 of the motion; that would be okay. 25 COMMISSIONER BALDWIN: That be appropriate? 2-10-14 20 1 COMMISSIONER MOSER: That would be fine. And I 2 think that there's some people here in the audience that 3 probably want to comment. 4 COMMISSIONER BALDWIN: Sure. Before we go to the 5 community, though, does anybody want to say anything right 6 now? 7 COMMISSIONER LETZ: I'll make just a comment. I 8 mean, I keep hearing we've never done a study. That's just 9 not true. In 2000, we spent about $50,000 with Quorum Group 10 in Fort Worth, and did a very extensive study of the facility 11 and market analysis statewide of what the facility should 12 look like. That plan came up with a -- a big footprint that 13 a bond issue was passed on the total package, and it was 14 defeated narrowly. But the -- there was never any issue that 15 the analysis was good. And we have done -- we've modified 16 it. If you look back at that original plan, that is what we 17 have pursued the whole time, everything from moving the rodeo 18 arena to where it is currently to building a new show barn, 19 an exhibit hall. The use of the horse stalls, that building 20 being renovated, all that was included in that plan. 21 So, I mean, I -- you know, you can always do more 22 plans, more studies, but to say that we haven't done a market 23 analysis of that facility is just not true. And we have been 24 following that basic study along the way. We had Sudie 25 Burditt and her people look at that, and in the mid -- 2-10-14 21 1 probably five years ago or so, and we've had input from the 2 Chamber and other groups along the way. So, you know, we can 3 do a study; it doesn't make that much difference to me. But 4 we've done one, and we kind of know the needs. And the other 5 thing that -- you know, on the exhibit hall, that is a 6 60-plus year old building that is in very bad condition. And 7 so, I mean, we need to, in my mind, tear it down and build a 8 new facility. It's a -- the part of the square footage that 9 keeps getting, you know, much larger and larger, everyone 10 forgets about there's a lot of office space and space in 11 between those -- the current exhibit hall and the arena that 12 is not just wasted space. That is space that is used, and 13 that is what we are partly replacing. 14 COMMISSIONER MOSER: Yeah. 15 COMMISSIONER LETZ: You know, the bathrooms, a lot 16 of that, I mean, if we go into redoing that, there's all 17 kinds of A.D.A. requirements, there's fire requirements, 18 there's code requirements. That building is nowhere near 19 code. So, in my mind, I'm committed to building a new 20 facility. We voted on it. This Court has voted on it. We 21 have architectural plans, and the final phase is being 22 completed to go out for bid on, and I'm committed to going in 23 that direction. If you want to do a market analysis to help 24 on how we use that new facility, I don't have a problem with 25 that. 2-10-14 22 1 COMMISSIONER MOSER: Let me comment on that, if I 2 may. I think what you said, it was -- it was a market and 3 economic analysis done at that time for the entire facility 4 out there, as you said. What we're talking about now is the 5 exhibit hall, okay? And should we spend $700,000 to 6 refurbish what we have? Which includes tearing out all that 7 end that you talked about, 3,500 square feet in there, 8 putting in a new kitchen, putting in new offices, putting 9 paneling all over the inside, stoning the front of it, 10 putting new entrances in, putting a new ceiling in, fixing 11 the floor so it's attractive, staining it, wrapping all the 12 columns, all that. You know, the back-of-the-envelope 13 estimate is about $700,000 for that. Is that adequate? 14 That's the question. That's the question. 15 And that's what we -- that's what I'm proposing 16 that we look at, okay, with this. Take the previous study 17 that has been done as an input to this marketing analysis; 18 take the input from Convention Bureau, from K.E.D.C. They've 19 got additional information since that time that says this 20 will help us, as a group, decide how to spend taxpayers' 21 money on the exhibit hall. So, maybe it should be three 22 times as big as currently. Maybe what we have is fine. 23 Maybe it ought to be twice as big. I don't have any idea, 24 okay, what that should be, and I think that we owe this to 25 the taxpayers to make sure we understand it before we -- 2-10-14 23 1 especially before we go borrow money to do that. 2 COMMISSIONER BALDWIN: Okay, thank you. 3 COMMISSIONER MOSER: So -- 4 COMMISSIONER BALDWIN: Commissioner Oehler, do you 5 want to make a -- 6 COMMISSIONER OEHLER: Well, the only thing I can 7 say is I've seen a lot of market analyses done. Not to 8 discredit or anything Schreiner University's ability to do 9 this, but if I were going to vote for that, it would be for 10 an outside firm somewhere else to do this, because we all 11 know from experience and various things that have happened 12 around here that analyses can be made to say whatever 13 somebody might want them to say. And I've seen this before, 14 and it -- none of us need to be involved in any of that sort 15 of thing. If that were to be done, it ought to be done by an 16 outside source. It's been done. We're down the road. We're 17 right down to getting out of the starting gate on this thing, 18 and I've had just about a bellyful of getting more analysis, 19 more analysis, "I don't believe the studies that were done." 20 Well, come on. It's -- this thing is -- you know, it's just 21 you that wants to change the world here at the eleventh hour. 22 And I think there was some campaign promises made or 23 something about stopping the project -- don't interrupt me. 24 COMMISSIONER MOSER: Not about to. 25 COMMISSIONER OEHLER: And it's time to get on with 2-10-14 24 1 it. I'm -- I'm committed to move forward with this. I think 2 this Court has committed to move forward with it. Judge 3 Tinley did; of course, he's no longer here. Very much in 4 support of it. And I'm ready to get on with it, because it's 5 not a matter of whether we need it or not. That facility is 6 the pits. And it's not big enough, and why would you build 7 something the same size or spend $700,000 on a dead horse? 8 It doesn't make any sense. 9 COMMISSIONER MOSER: Well, I -- 10 COMMISSIONER OEHLER: And still wind up with what 11 we have space-wise, or less. 12 COMMISSIONER LETZ: Less. 13 COMMISSIONER OEHLER: That's -- less is it. If you 14 monkeyed with the upstairs part, you got to put an elevator 15 in. We're not -- I'm not interested in doing that. We need 16 to get it all on the ground floor. And there's a lot of 17 other stuff that needs to be done. This is a one-time shot 18 for the next 50 years, and you sure as heck don't build the 19 same size building for projected use into the future for the 20 next 50 years. Doesn't make any sense to me. 21 COMMISSIONER BALDWIN: Commissioner Moser? 22 COMMISSIONER LETZ: Let me -- 23 COMMISSIONER MOSER: I need to comment. 24 COMMISSIONER BALDWIN: All right. If you take up 25 too much time, I'm going to cut you off. 2-10-14 25 1 COMMISSIONER MOSER: Okay, you may do that. 2 COMMISSIONER BALDWIN: Thank you. 3 COMMISSIONER MOSER: Number one, you said I was the 4 only one that objects to this. For the record, you're wrong, 5 okay? 6 COMMISSIONER OEHLER: On this Court. 7 COMMISSIONER MOSER: For the -- well, you did not 8 say that, okay. Corrected, for this Court. One of the 9 Commissioners sitting at this table -- I won't say who -- 10 said if this thing didn't exist, we probably wouldn't build 11 it today. All right? That's point number two, okay? The -- 12 I've looked -- you know, "We need more exhibits." I went out 13 there. You've been out there. The exhibits at this last 14 year, last month, there were six fold-out tables in there in 15 the exhibit facility for vendors to come in and sell their 16 stuff. Six tables. That probably took up 5 percent of the 17 area. 18 COMMISSIONER LETZ: That's not even a fair 19 analysis. 20 COMMISSIONER MOSER: Well, sure. 21 COMMISSIONER LETZ: They were asked last-minute if 22 anyone voluntarily wanted to put up a table out there, and a 23 few people did. They didn't go out and try to spell spaces 24 in there. 25 COMMISSIONER MOSER: So, why not? Why didn't they? 2-10-14 26 1 COMMISSIONER LETZ: There's no space. 2 COMMISSIONER MOSER: There's no -- they used 5 3 percent of it; sure there was space. There was a lot of 4 space, Jonathan. There was a lot of space in there. There 5 was nobody there. So, anyway, you'll cut me off now, and 6 I'll let somebody -- 7 COMMISSIONER BALDWIN: I didn't say a word. But I 8 think if y'all -- this back and forth thing, y'all need to go 9 out in the yard and do that. The -- let's go to the public 10 and see what -- I have one participation form filled out 11 here. Mrs. Collins? Mrs. Collins? Ma'am, if you'd give 12 us -- for the record, give us your name and address, please. 13 MS. COLLINS: Okay. I'm Sherry Collins, 261 14 Redbird Loop in Center Point. You've mentioned that there 15 was a marketing study that is now 10 years old. We have an 16 opportunity for a group to come in, give us a free analysis 17 of what is currently needed, update the plan that was made 10 18 years ago. I can see no reason why a free study shouldn't be 19 taken into consideration. If nothing else, Schreiner is 20 going to be doing this under the supervision of the 21 professors who teach the people outside the area who come in 22 and do marketing studies. It will be well supervised. We 23 can look at it; we can compare it. What is the disadvantage 24 of having them do this? Why not have them do this? What 25 does it hurt? It doesn't cost anything. All it can do is 2-10-14 27 1 add information to what we already have. And I would hope 2 that the Court would vote to let this study be done. 3 COMMISSIONER BALDWIN: Thank you, Mrs. Collins. 4 Thank you very much. Does anyone else from the community 5 wish to speak? Yes, sir? No campaigning. 6 MR. WALLER: No campaigning, I promise. Bob 7 Waller, 33 Antelope Trail, Kerrville. Now, I applaud the 8 Court, number one, for moving forward on the exhibit hall. 9 There is no doubt in my mind that it needs to be demolished; 10 it needs to be rebuilt. I do think maybe the time spent 11 between the prior, I guess, consultations and feasibility 12 studies needs to be -- may have been long enough that to have 13 another due diligence third-party objective motion might be 14 in order. I think to look at -- really, to confirm, based on 15 need, what the size is, what the layout should be, what type 16 of construction should be used, who the current users are, 17 and who potential users might be needs to be taken into 18 consideration. There are funding options. I know the Court 19 is ready to move forward on certificates of obligation, and I 20 think -- I would agree that's the most expedient route to 21 use. 22 But I think it's important, and I think there's a 23 lot of space between basically what Commissioner Moser said 24 of possibly 700,000 and two-plus million. A lot of room in 25 there for discussion. And I would agree; I have no idea what 2-10-14 28 1 size it should be. But I guess, coming from a banking 2 perspective -- and I've talked to Bob Reeves, and he said to 3 me -- he said, "Bob, this is not a bankable deal." You know, 4 it would never pass muster for a bank loan because it won't 5 cash flow. And, you know, I would hope that whatever size is 6 finalized and however it's built would come close to being 7 able to cash flow, even though I think the intangibles that 8 come out of that Ag Barn exhibit hall are complex. You know, 9 I can't say enough for the youth leadership that comes out of 10 there. The 4-H kids that I've met over the last 12, 13 years 11 here are the best examples of family involvement in things 12 that I've seen. But getting back to a strict objective 13 basis, I would think something that would take no more than 14 90 days and have a cost of basically zero, to maybe just come 15 back and confirm what the Commissioners Court has looked at 16 prior would be in order. Thank you. 17 COMMISSIONER BALDWIN: Thank you, Mr. Waller. 18 Anyone else? Anybody from the Chamber or the Visitor's 19 Bureau? Let's see. Would you stand up and tell -- 20 SHERIFF HIERHOLZER: I will. 21 COMMISSIONER BALDWIN: Go ahead and stand up. 22 SHERIFF HIERHOLZER: Thanks, Buster. (Laughter.) I 23 think most people know who I am. And I'm going to have a few 24 comments on this, because being in this community for even my 25 high school days, and my brothers and sisters using that -- 2-10-14 29 1 or brothers using it for 4-H, and where we've been, and what 2 this community is, this community is not an industrialized 3 community like San Antonio. Our roots go back to the rural 4 area. That's the fifth largest stock show in the state of 5 Texas out there, and it's probably one of the largest in 6 sheep and goats. But that's what we -- that's what this 7 whole county is, is a rural county. It's sheep, goats, 8 cattle, exotic game or whatever. And what I've seen in 34 9 years with the Sheriff's Office, and one part of this 10 community that's been growing is my jail, and it's been 11 growing with inmates, not size. 12 It's the third jail I've operated in since I've 13 been there in 34 years. But, you know, what's terrible is 14 that jail's fixing to have to go through an addition. We all 15 know that. We're going to put that up to the voters, and 16 they should. But we ought to be trying everything we can to 17 divert those kids and treat them and teach them what this 18 community is about and why that Ag Barn was given to this 19 county to begin with, okay? Instead of seeing them come 20 through our jail, and worrying about expanding the jail. 21 There's not very many things in this entire community that 22 really caters to our youth. Our churches do -- they try. 23 They try their best. But this -- whether it's the City of 24 Kerrville or Kerr County, other than that Ag Barn, really 25 does not have anything that -- that is built for the youth of 2-10-14 30 1 our community, and I think it's wrong. 2 I think it's been studied to death. I've sat in 3 just about every single Commissioners Court there's been over 4 it. You know, I've watched my kids, now grandkids getting 5 old enough for it, and it's still the same thing. This 6 thing's been going on long enough, and it's time this county 7 gets off the pot and does what needs to be done. Build it 8 and be done with it. It's just like a lot of other 9 interlocal agreements that we've had with the City that we 10 just keep rehashing and rehashing. This thing's been 11 rehashed enough, Commissioner Moser. And when we get a new 12 Commissioner, new County Judge, they may want to rehash it 13 all over again, and we'll end up in the same place we are. 14 And yet we haven't taken one step to advance anything for our 15 kids and keep them out of my jail. It's time to move on and 16 get this thing built for our kids. Thank you. 17 COMMISSIONER MOSER: May I comment on that? 18 COMMISSIONER BALDWIN: Thank you, Mr. Hierholzer. 19 Yes, sir. 20 COMMISSIONER MOSER: You spoke eloquently of the Ag 21 Barn and what it does for the youth, and I absolutely agree 22 100 percent. We're talking about the size of the exhibit 23 hall. You didn't specifically talk about that relative to 24 needs, so that's the whole question, Sheriff. It's not the 25 value of that entire facility for the youth. I'm 100 percent 2-10-14 31 1 for that, okay? But I'm 100 percent for the taxpayers, too. 2 And trying to understand, is $2 million -- is that the best 3 use for your objective of keeping people out of jail, to 4 build a larger facility? I'm not -- I don't know that that's 5 true, okay? I think that's the thing we need to look at. 6 But everything you say, I agree with you 100 percent. 7 Probably everybody in this room would agree with you, okay? 8 That's not the issue. The issue is, how big should we make 9 this thing? And be most cost-effective for the taxpayers and 10 using their money, and especially borrowing money. 11 SHERIFF HIERHOLZER: And this Court's voted on that 12 several times. 13 COMMISSIONER LETZ: Commissioner, may I make a 14 comment, please? It will be short. 15 COMMISSIONER BALDWIN: Please make it short. 16 COMMISSIONER LETZ: One thing I want to clarify is 17 that I've heard several people say it's not going to cost 18 anything. It is. It's -- there's a big cost. We have 19 authorized tens of thousands of dollars for plans to be built 20 of a specific plan. If we go and delay and change that, 21 we're going to have to spend that money -- might as well just 22 throw it in the garbage can, and probably about $60,000, 23 $70,000 or so for us to change course at this point, after 24 the Court has looked at it, redesigned it and redesigned it 25 and redesigned it. There is a cost. It's not free to make a 2-10-14 32 1 tweak to it. And to me, if you decide on, "Oh, yeah, we need 2 to maybe cut out a few square feet here or shift it a little 3 bit here," is that worth the 60 or so thousand that we've 4 spent on architectural plans right now? Makes no sense to 5 me. The -- and the other thing I'd like to clarify is that 6 Commissioner Moser brings up a $700,000 cost. That is a cost 7 that I've seen no basis for. 8 COMMISSIONER MOSER: It's an estimate. 9 COMMISSIONER LETZ: It's an estimate. But we have 10 -- we know the roof needs to be replaced. We know we need to 11 replace all -- 12 COMMISSIONER MOSER: No, we don't. 13 COMMISSIONER LETZ: Well, it needs to be totally 14 repaired, and you say it doesn't. Maintenance says it leaks. 15 I've got pictures from the Ag Barn of water pouring through 16 that roof, so the roof needs to be redone. We need new 17 bathrooms; we have to come up to A.D.A. and in size. We need 18 to change office space. We need meeting rooms, need a 19 kitchen. If you do all this under the current footprint, it 20 doesn't fit. So, I've had enough of that part of it. I'm 21 ready to move on to the construction. I do think we need to 22 look at how to market it, 'cause we have not done a great job 23 of marketing it. And if Schreiner University wants to 24 develop a marketing plan for that facility, I'm in favor of 25 that, but a marketing plan to go back and relook at it again, 2-10-14 33 1 no, I'm not in favor of that. 2 COMMISSIONER MOSER: Marketing is one thing; 3 selling is different. What you're talking about, 4 Commissioner Letz, is selling what you have. That's selling. 5 That is not marketing. Marketing 101 says you go out and 6 assess what's needed. 7 COMMISSIONER LETZ: And we've assessed, and we've 8 done that. 9 COMMISSIONER MOSER: Ten years ago, you did 10 something for an entire facility. You haven't done it for 11 the size of the exhibit hall. 12 COMMISSIONER LETZ: Yes, we have, sir. 13 COMMISSIONER MOSER: And as to fixing that roof, as 14 a professional structural engineer, I take issue with what 15 you said. That roof can be fixed. It can be fixed for 20 16 years, guaranteed, but just -- without a big investment. 17 COMMISSIONER BALDWIN: Is there any -- 18 COMMISSIONER MOSER: $700,000 will do the whole 19 thing. 20 COMMISSIONER BALDWIN: Thank you. Is there any 21 other comments from the community? 22 MS. STANDRIDGE: Yeah. I just -- 23 COMMISSIONER BALDWIN: Could you -- 24 MS. STANDRIDGE: Your microphone isn't working, 25 so -- 2-10-14 34 1 COMMISSIONER BALDWIN: It doesn't matter. Would 2 you come forward, give us your name and address, please? 3 MS. STANDRIDGE: Yeah. My name is Judy Standridge, 4 and I live at 514 Fairway Drive here in Kerrville. I need a 5 clarification, because what I don't understand -- and we 6 bought property here in 2002, and didn't move here until 7 about two years ago. But I was under the impression that the 8 voters had voted against building this sometime during that 9 time, and then I'm understanding -- I'm trying to understand 10 this certificates of -- 11 COMMISSIONER MOSER: Obligation. 12 COMMISSIONER LETZ: Obligation. 13 MS. STANDRIDGE: -- obligation. And so it sounds 14 as if that maybe the community voted against something that 15 we're trying to obligate us to paying a large amount of money 16 back. And I guess that's my reservation, is that I just 17 don't understand. And I think from just the time from 2002 18 to now, us moving here, this community has changed. And I 19 really want kids out of jail. There's lots of ways to do 20 that, and one of them is definitely in agriculture, but not 21 everybody's drawn to that. I guess I'm just needing some 22 clarification -- 23 COMMISSIONER LETZ: Okay. 24 MS. STANDRIDGE: -- on that. 25 COMMISSIONER LETZ: I'll do that. The -- the bond 2-10-14 35 1 issue was for a large plan with some horse arenas, a horse 2 barn in the back. That total bond issue at the time was 3 about 12 million, I think. Fourteen? I think it was 12 4 million, and at one package. It was voted down. The 5 Commissioners Court feels obligated -- I feel obligated -- we 6 have a facility out there we've been maintaining, making some 7 changes to. We have spent -- well, on that facility, 8 probably -- Bruce, how much money so far? 9 COMMISSIONER OEHLER: We spent -- 10 COMMISSIONER LETZ: About three million? It's a 11 lot different; we've done it in small phases. We've done a 12 lot of it in-house. The Stock Show Association has committed 13 500,000 for that facility. So, we -- it's a very -- we're 14 redoing it differently than was originally proposed in the 15 master plan. We're getting most of the components, but they 16 called for a covered arena; we didn't cover the arena 17 outside. That's -- you know, so it's a lot smaller projects. 18 But the components are basically, you know, scaled back, but 19 included in it. 20 MS. STANDRIDGE: Well, but so the -- so why not put 21 it in the -- into a bond issue that the voters could vote on 22 it? 23 COMMISSIONER LETZ: That's -- we could do that, but 24 the amounts have been relatively, you know, small. We've 25 been doing certificates of obligation. Do it, pay it off, 2-10-14 36 1 and then we've done the next phase. 2 MS. STANDRIDGE: I thought the certificates of 3 obligation were for emergencies. 4 COMMISSIONER LETZ: No. 5 MS. STANDRIDGE: Oh, they're not? They're just for 6 you to use however you want? 7 COMMISSIONER LETZ: We've redone this building, the 8 annex -- built the jail annex. A lot of it, mostly 9 construction projects that we've done since I've been a 10 commissioner the last -- you know, since 2000 or so, have 11 been for improvements of structure, infrastructure, the 12 communication system for the jail. They're things that we 13 can earmark the dollars in our budget for a short period of 14 time to get them paid for, but they're not long-term. 15 They're not emergencies. 16 MS. STANDRIDGE: And so this would be a long-term 17 payback, though? 18 COMMISSIONER LETZ: No, this would be a short-term. 19 We're looking at a maximum of five, six, or seven years. 20 We're not sure exactly. 21 MS. STANDRIDGE: And our taxes would go up how 22 much? 23 COMMISSIONER LETZ: No. 24 COMMISSIONER OEHLER: Within the present tax rate. 25 COMMISSIONER LETZ: It will be done within the 2-10-14 37 1 current tax rate. 2 MS. STANDRIDGE: But we have to make a loan for 3 it -- the county; is that right? 4 COMMISSIONER LETZ: Well, certificates of 5 obligation, -- 6 MS. STANDRIDGE: You have to -- 7 COMMISSIONER LETZ: -- you sell that and pay it 8 back. It won't change the tax rate. We're paying off debt. 9 We're paying off the last C.O. we did so we can do another 10 one. The debt doesn't -- we're paying off debt, issuing new 11 debt, but the total amount of debt for the county and tax 12 rate for the county will not change. 13 COMMISSIONER MOSER: There's two ways to borrow 14 money, via bonds or via certificates of obligation. The 15 citizens get to vote on bond issues indebtedness. The 16 citizens don't have anything to say about borrowing or 17 indebtedness with certificates of obligation. 18 MS. STANDRIDGE: So, in other words -- 19 COMMISSIONER LETZ: There's lots of other ways, 20 Commissioner. 21 MS. STANDRIDGE: In other words, the Court itself 22 could create -- 23 COMMISSIONER MOSER: Debt. 24 MS. STANDRIDGE: Go out and create debt? 25 COMMISSIONER MOSER: Right. 2-10-14 38 1 COMMISSIONER LETZ: Right. Well, we do on leases 2 too. There's lots of ways to create -- increase debt. We 3 used to lease cars for the Sheriff; now we buy them, and over 4 a -- you know, we have a plan for a five-year plan -- payment 5 plan. 6 COMMISSIONER OEHLER: We pay for computer upgrades 7 and hardware and software and all that kind of stuff with 8 that money so we don't have to jack with the maintenance and 9 operation side of the tax rate all the time, every time you 10 need to buy eight or ten police cars. 11 COMMISSIONER LETZ: Or a good example would be the 12 Sheriff's Department communication. That's something that 13 has nothing to do with the Ag Barn. It's about a million 14 dollar upgrade. If we -- that has to be done. If we were to 15 do that right now and pay it in one year, there would be a 16 tax increase to do it. We can spread that over three or four 17 years and not have a tax increase. 18 COMMISSIONER MOSER: There's other ways to do that, 19 too. We've increased reserves by a couple million dollars in 20 the last couple years, and we could use reserves for the 21 million dollars for the Sheriff's stuff. So, there's ways to 22 do that. 23 COMMISSIONER OEHLER: And we'd be right back down 24 to where you don't have reserves any more. It took five 25 years, six years to build it up. 2-10-14 39 1 COMMISSIONER MOSER: That's going to extremes. I'm 2 sorry, Commissioner. You are going to the extreme, okay? 3 COMMISSIONER BALDWIN: Thank you, Mrs. Standridge. 4 Appreciate your input. Thank you very much. 5 MR. McILVAIN: Can I make a comment? 6 COMMISSIONER BALDWIN: Are you going to stand up? 7 MR. McILVAIN: I will. 8 SHERIFF HIERHOLZER: Smart aleck today, isn't he? 9 MR. McILVAIN: I'm Charlie McIlvain, president of 10 Kerrville Convention and Visitors Bureau. For the record, 11 the board has approved the proposed plan. I think there's 12 several things you do need to look at. One, I'm not opposed 13 to the -- to the study, because it will unveil some things 14 that will be useful in our sales activities also. But I 15 think you also need to look at the -- the concept that on 16 return on investment, that type of structure normally does 17 not generate a return on investment, just as a convention 18 center does not generate a return on investment. However, it 19 is an economic generator for the community, and over a period 20 of time, if that facility is in place 50 years, it will 21 generate millions and millions and millions of dollars for 22 this community, and I think that's the thing you need to look 23 at too. But I wanted to make certain that also, the comment 24 about -- about the study -- granted, the Convention and 25 Visitors Bureau did conduct a study years back, but I think 2-10-14 40 1 on something that important, I don't -- we're not 2 researchers, and it's not -- I wouldn't be comfortable coming 3 up with a research study that we do in-house that would make 4 that determination. And I explained that to Commissioner 5 Moser. And, you know, we'll certainly market the structure 6 once it's in place, but I think it's important to realize 7 that that won't generate a return on investment. But it will 8 benefit the community for many, many years to come. 9 COMMISSIONER MOSER: Thank you. 10 COMMISSIONER BALDWIN: Thank you, Mr. McIlvain. 11 Yes, ma'am. Would you identify yourself, please? 12 MS. WEAVER: Kristan Weaver with the Kerrville Area 13 Chamber of Commerce. I just want to confirm for the record 14 that the Kerrville Chamber did pass a resolution a few months 15 ago -- I know you all have seen it, Commissioners -- to 16 support the current renovations to the Hill Country Youth 17 Event Center. We've had input into the plan; we appreciate 18 that, and we look forward to working with you on marketing 19 the facility. Thank you. 20 COMMISSIONER BALDWIN: Thank you, Ms. Weaver. 21 MS. STANDRIDGE: May I just say one more thing? 22 COMMISSIONER BALDWIN: I thought you were waving to 23 me. 24 MS. STANDRIDGE: I'm -- yeah, I will. I just 25 wanted to ask one more question. I'm really trying to figure 2-10-14 41 1 this out. You're telling me that if you borrow certificates 2 -- I mean, you get the loan on certificates of obligation, 3 that it's not going to cost anybody anything. I just keep 4 thinking of how it would work. It seems like we're setting 5 up a large amount for future generations to have to pay. Am 6 I wrong? Where is this money coming from? 7 COMMISSIONER LETZ: We're paying off debt and 8 issuing new debt. 9 MS. STANDRIDGE: Okay. So, you are issuing new 10 debt, and so future generations would have to pay off the new 11 debt. 12 COMMISSIONER LETZ: The next five years or six 13 years. Depends on how we structure it, but it will be a 14 short-term period, not long-term. 15 MS. STANDRIDGE: I guess I need to go back and take 16 a few more courses. 17 COMMISSIONER OEHLER: In a nutshell, I'll try to 18 explain it. 19 MS. STANDRIDGE: Uh-huh. 20 COMMISSIONER OEHLER: What we have, we've borrowed 21 money over the years in C.O.'s to do all these projects that 22 you didn't know anything about were going on at the time, 23 probably, but there was no change in -- in your tax rate to 24 pay for it. We pay off one deal of debt and we issue more so 25 that it stays within the tax rate. We can't -- I would never 2-10-14 42 1 vote to go outside the tax rate without it going to a bond 2 issue and having the voters approve it, but this is within. 3 It's like somebody in a business paying off a piece of 4 equipment, but they need to buy anothier piece or something 5 else, and they borrow more money and keep that going. 6 MS. STANDRIDGE: But then money is generated from 7 that to pay off their loan, and so you're saying money's 8 going to be generated enough from this to pay off this loan? 9 COMMISSIONER OEHLER: There's enough money that's 10 built into the tax rate for that debt service that pays -- 11 continually pays that off. When you pay off one portion, 12 then the next one starts. 13 MS. STANDRIDGE: And there's not interest or 14 anything on that loan? 15 COMMISSIONER OEHLER: There is no increase in 16 taxes. 17 MS. STANDRIDGE: You get the money free from the 18 federal government? Or -- 19 COMMISSIONER OEHLER: No, no, no, it's not free. 20 There's interest involved, but it's all part of the debt, and 21 it's part of the payback. 22 COMMISSIONER LETZ: It's currently in the current 23 tax rate. We're not increasing the tax rate. 24 MS. STANDRIDGE: Well, isn't that what the voters 25 voted down? 2-10-14 43 1 COMMISSIONER LETZ: No. 2 COMMISSIONER OEHLER: No. 3 COMMISSIONER LETZ: That's a specific tax rate. If 4 we do a jail renovation, that's going to be a project so 5 large, I'm afraid that we'll go to the voters with it, 'cause 6 it will increase your taxes. But it will be a tax rate 7 increase. 8 COMMISSIONER OEHLER: You would have to vote to 9 increase your taxes for that project. 10 MS. STANDRIDGE: Okay. 11 COMMISSIONER OEHLER: That's too large for us to 12 handle over a short period of time, like we're doing with the 13 present C.O.'s. 14 COMMISSIONER BALDWIN: I appreciate the taxing 15 class, but we have an agenda item here. Now, I'm going to 16 read it again. Consider, discuss, and take appropriate 17 action to enable Schreiner University to perform a marketing 18 analysis for the exhibit hall at the Hill Country Youth Event 19 Center. Is there anyone else in the audience that would like 20 to speak to that agenda item? Hearing none, do you gentlemen 21 have anything to say? I'll entertain a motion. 22 COMMISSIONER MOSER: I'd make a motion that we 23 engage Schreiner University to perform a marketing 24 assessment, an economic development study for the exhibit 25 hall to determine the size for that facility and what the 2-10-14 44 1 economic impact could be. I've delineated what the process 2 would be, and I'll submit that to the record, okay, rather 3 than having to read the whole thing. Is that okay, Kathy, to 4 do that? 5 COMMISSIONER BALDWIN: Yes, sir, it is. 6 COMMISSIONER MOSER: Okay. So, there's an outline 7 on what the objective is, what the scope is, what the 8 schedule is. I'll talk about the schedule. This will be 9 completed in 90 days, with recommendations on where the 10 information would come from, including the livestock show, 11 Convention Bureau, economic -- the Chamber of Commerce, 12 K.E.D.C., and the cost of this would not exceed $1,000. And 13 if that's an issue with the $1,000, there's an underwriter 14 that will provide that fund so the County does not have to 15 pay $1,000. And it has -- the study results of this would -- 16 reports would be February 24th, a study plan; April 14th, 17 midterm report; and May 12th, a final report on the marketing 18 assessment, business -- economic analysis. So, that's my 19 motion. 20 COMMISSIONER BALDWIN: Yes, sir, thank you. Is 21 there a second? I'd like to point out that we need to fill 22 this seat here as soon as possible, and I assume that's 23 coming up next month. This is the first time we've gotten to 24 a point to where -- it still takes a majority of members to 25 pass an order here, and I'm -- just by listening to your 2-10-14 45 1 beautiful voices, I'm going to assume that there is not a 2 huge support for this gentleman's motion. So, is there a 3 second? Not seeing one, motion is dead. Thank you, sir. 4 We'll go back to Item 1.2; consider, discuss, take 5 appropriate action on the resolution regarding gravel mining 6 in Guadalupe River floodplain. Mr. Moser? 7 COMMISSIONER MOSER: Thank you. 8 COMMISSIONER BALDWIN: Oh, and John. Don't forget 9 John. 10 COMMISSIONER MOSER: Yeah. 11 COMMISSIONER BALDWIN: John He. 12 COMMISSIONER MOSER: Hewitt. 13 COMMISSIONER BALDWIN: It says John "He" here. 14 COMMISSIONER MOSER: He's not here. Thank you, 15 Commissioner. This agenda item was brought to my attention 16 by the Floodplain Administrator, John Hewitt -- okay, correct 17 the record -- that a permit's been requested from him to mine 18 gravel in the -- along the river at the -- to put it in 19 perspective, at Brinks Crossing, just to the east of Brinks 20 Crossing, and a tract of land there which would be on the 21 south side of River Road. And there's -- and then I'll let 22 John explain what the request was. But the resolution that 23 I'm going to propose is that we -- "we," the County, 24 recognize the fact that there is a potential environmental 25 impact for mining rock in the river at that location, both in 2-10-14 46 1 the air and in silt into the river and other contaminants in 2 the river, and that we're going to encourage T.C.E.Q. and 3 Texas Parks and Wildlife Department to take a rigorous look 4 at this proposed activity. So, let me let John talk about 5 that. 6 MR. HEWITT: I'm John Hewitt, the Floodplain 7 Administrator. Commissioner Moser summarized that pretty 8 well. Basically, Martin Marietta thinks they're running out 9 of materials where they're mining right now, so they want to 10 mine right along the Guadalupe River. And they have to 11 satisfy several things. They have to get T.C.E.Q. to buy off 12 on it, which T.C.E.Q. looks at two things, the sedimentation 13 impact and then the water rights issue. And they're not 14 going to really have a problem with that. I think that -- I 15 think that Martin Marietta will be able to satisfy both of 16 those requirements. Then Parks and Wildlife is going to be 17 concerned about that there won't be any kind of fish or 18 wildlife affected. And I don't think they're going to have a 19 problem with that either. 20 So, basically, they're going to -- they're going to 21 be able to satisfy all the requirements. And I know that a 22 lot of Kerr County residents like to swim out there and use 23 that area, and instead, it's going to start looking like what 24 it looks like north of River Road. So, I guess what I'm 25 doing is giving you a heads-up. From a floodplain 2-10-14 47 1 standpoint, from a Parks and Wildlife, and from a 2 sedimentation standpoint, I don't think that you can deny 3 this permit. So, where it's at right now is, the Martin 4 Marietta officials would like to come meet with some 5 Commissioners and explain what the project is. And -- and 6 I've had some conversations with Commissioner Moser about it. 7 So, that's where we stand right now. 8 COMMISSIONER BALDWIN: It's just like a few years 9 ago, we went through this exact same thing, and only -- 10 Mr. Moser, for your information, there was -- there was an 11 element of noise that was put in the thing as well, and dust. 12 Only that one, I think, was a little bit closer to Center 13 Point, if I remember, and the school system was involved in 14 it because of the dust blowing in there. But the noise was a 15 big issue in that last time. And if I remember correctly, 16 you're right; there's not a lot -- all we can do is do what 17 we're asked to do today, and that is to pass a resolution 18 regarding the gravel mining. And I'm assuming that the 19 resolution is in opposition? 20 COMMISSIONER MOSER: No. No, let me correct it. 21 The resolution is not in opposition. The resolution is to 22 simply encourage and urge the Texas Commission on 23 Environmental Quality and Texas Parks and Wildlife to examine 24 all aspects of the proposed mining application and insure 25 that state laws and regulations are complied with. 2-10-14 48 1 COMMISSIONER BALDWIN: Okay. 2 COMMISSIONER MOSER: It's not to oppose it. It's 3 just to say, "Hey, we're concerned" -- let me read the 4 resolution, if I may. 5 COMMISSIONER BALDWIN: Very good. 6 COMMISSIONER MOSER: The resolution is, "Whereas, 7 Kerr County is located in the beautiful Texas Hill Country, 8 where residents enjoy our pristine rivers and land; whereas, 9 preservation of our scenic rivers is tantamount to protecting 10 our local tourism-based economy and unique quality of life; 11 whereas, Martin Marietta Materials has requested, on January 12 16th, 2014, renewal of a floodplain and development permit 13 for mining operations in the Guadalupe River floodplain, Kerr 14 County Appraisal District Identification Number R60261, FEMA 15 Map 48265CO655F, Zone A and Zone AE; whereas, certain -- 16 whereas, certain -- 17 COMMISSIONER BALDWIN: Concern. 18 COMMISSIONER MOSER: Concern, excuse me. Concern 19 exists that gravel mining in the river beds here in the Hill 20 Country would have a negative impact upon our community 21 beyond more than mere amount of particulate matter 22 potentially discharged in the river and air. Now, therefore, 23 be it resolved that the Kerr County Commissioners Court does 24 hereby urge Texas Commission on Environmental Quality and the 25 Texas Parks and Wildlife Department to examine all aspects of 2-10-14 49 1 the proposed river bed mining application and insure that all 2 state laws and regulations are complied with. Further 3 resolved that copies of this resolution be forwarded to State 4 Representative Harvey Hilderbran, State Senator Troy Fraser, 5 Headwaters Groundwater Conservation District, Upper Guadalupe 6 River Authority, and Federal Emergency Management Agency 7 urging them likewise to insure that all state laws and 8 regulations are complied with. 9 COMMISSIONER BALDWIN: Is that a motion? 10 COMMISSIONER MOSER: That's a motion. 11 COMMISSIONER BALDWIN: We have a motion. Is there 12 a second? 13 COMMISSIONER LETZ: Second. 14 COMMISSIONER BALDWIN: We have a second. Any 15 further discussion? 16 COMMISSIONER LETZ: A quick question. What we're 17 talking about, Commissioner, as you're -- I guess I've got a 18 map. I'm trying to figure out where I am exactly. Is this 19 Peterson Crossing? 20 COMMISSIONER MOSER: That's Brinks Crossing. 21 COMMISSIONER LETZ: Same thing, Brinks/Peterson. 22 COMMISSIONER MOSER: Yeah. 23 COMMISSIONER LETZ: So, they're looking at the 24 piece of property -- right now there's, like, a dirt track on 25 it? 2-10-14 50 1 MR. HEWITT: Exactly. It's where that motocross 2 track is. 3 COMMISSIONER LETZ: Where the motocross track is. 4 COMMISSIONER MOSER: Right there. Here, you can 5 see it better on this. 6 COMMISSIONER LETZ: Is it -- 7 COMMISSIONER MOSER: It's to the south of River 8 Road. South is up on that photograph image. 9 COMMISSIONER LETZ: And they're going to go how 10 close to the river? 11 COMMISSIONER MOSER: I don't know. 12 MR. HEWITT: As close as we'll let them. 13 COMMISSIONER MOSER: Yeah. There was -- 14 Commissioner Letz, there was a lot of discussion about the 15 rock crusher that Commissioner Baldwin mentioned a while ago, 16 and -- and using water there to keep the dust down, which is 17 further to the east, but on the other side of the river and 18 east of Center Point. And the concern there was that water 19 keeping the dust down and getting sedimentation and so forth 20 into the river and contaminating the river. This is going to 21 be even a bigger potential problem for that -- could be. 22 Because the other one was quite a ways away from the river. 23 COMMISSIONER LETZ: I think -- I don't know if we 24 can get into this resolution or not, or maybe it's just part 25 of the process. I mean, we're -- from what I'm hearing, 2-10-14 51 1 we're probably not going to have a whole lot of chance of 2 stopping it. 3 COMMISSIONER MOSER: Right. 4 COMMISSIONER LETZ: But I certainly -- you know, 5 it's important to me, looking at this exact location we're 6 looking at, is to keep a buffer between their operation and 7 the river. 8 COMMISSIONER MOSER: Right. 9 COMMISSIONER LETZ: You know, maybe at least 100 10 feet, something like that, because I'm looking at -- there's 11 a lot of big cypress trees right in that area. It's -- you 12 know, there's a lot of potential damage downstream if we do 13 get a big flood, and a flood's going to go through this pit. 14 I think that's very dangerous. I think there needs to be -- 15 you know, I'm not real comfortable with that location. The 16 closer you get to the river, the worse it gets. Right up 17 there next to River Road, I don't think there's a whole lot 18 of an issue right there. But I don't know if this is the 19 time to try to put a little more meat in the resolution, or 20 if we try to do another resolution when we get -- you know, 21 depends on Martin Marietta. 22 COMMISSIONER MOSER: Get a better visibility. 23 Yeah, could be. 24 COMMISSIONER BALDWIN: We've got a motion -- motion 25 and second. Any further discussion? All in favor, raise 2-10-14 52 1 your right hand. 2 (The motion carried by unanimous vote.) 3 COMMISSIONER BALDWIN: None opposed. Motion 4 carries. Thank you. 5 COMMISSIONER MOSER: Thank you. 6 COMMISSIONER BALDWIN: We've got to the timed 7 items. We need to knock out Item 1.6; consider, discuss, 8 take appropriate action to hire property tax clerk to fill 9 the budgeted position, beginning salary at 14.1. Mrs. Bolin 10 has decided to scratch that agenda item and replace it with 11 Item 1.17, which is very similar; it's just some verbiage 12 change. Consider, discuss, take appropriate action to hire a 13 motor vehicle clerk to fill the budgeted position, beginning 14 salary at 14.1. Mrs. Bolin? 15 MS. BOLIN: My supervisor on the property tax side 16 resigned effective January 31st. She couldn't handle the 17 stress any more and the lack of employees. So, I moved 18 someone over from my motor vehicle side, so I need to fill a 19 position on my motor vehicle side. And it's already in the 20 budget. 21 COMMISSIONER LETZ: So moved. 22 COMMISSIONER OEHLER: Second. 23 COMMISSIONER BALDWIN: Motion and second. Any 24 further discussion? All in favor, raise your right hand. 25 (The motion carried by unanimous vote.) 2-10-14 53 1 COMMISSIONER BALDWIN: Motion carries. Thank you, 2 ma'am. 3 MS. BOLIN: Thank you. 4 COMMISSIONER MOSER: Which one do we delete? 5 COMMISSIONER BALDWIN: 1.6 we deleted, and 1.17 we 6 just passed the order. 7 COMMISSIONER MOSER: Okay, got it. 8 COMMISSIONER BALDWIN: 1.7 -- 1.17 was the court 9 order. Item 1.7; consider, discuss, and take appropriate 10 action on proposal to erect a memorial for Judge Pat Tinley 11 on the courthouse square. Mr. Willis? Please give us your 12 name and address, please. And we'd like to have a real 13 address. 14 MR. WILLIS: Marvin Willis, 160 Ingram Hills Road, 15 Ingram, Texas. 16 COMMISSIONER BALDWIN: Thank you. 17 MR. WILLIS: I've been coming to this court for 18 about 20 years, a couple of times a year, maybe more, and 19 I've met with Pat Tinley ever since he's been the presiding 20 County Judge. Every time I've come here, he's been the most 21 respectful, appreciative, professional person that I've ever 22 met, and he's very beloved to our community. He's probably, 23 I think, the only judge that's ever been elected twice to the 24 position of county. And I have the means to be able to 25 create a carved statue out of limestone. It can be erected 2-10-14 54 1 here on the courthouse somewhere, wherever you guys would 2 like to put it, or wherever anybody would want to put it. 3 The only cost of this would be maybe the pedestal for it to 4 sit on. And then the discussion, of course, would be whether 5 or not sponsors could be a part of that, and whether you 6 would want a life-sized statue, or maybe him in his bib 7 overalls, or whether we'd want to put maybe a black -- maybe 8 raised with some -- something on it of that nature. So, I 9 just thought I'd propose that to the Commissioners Court and 10 see what -- see what you guys thought about it. 11 COMMISSIONER BALDWIN: There has been numerous 12 occasions -- and don't take me wrong on this. Pat was a 13 friend of mine. There's been numerous occasions where people 14 have come with similar ideas to erect something on the 15 courthouse square, and we've said no, because it's getting -- 16 it's getting a little crowded out there. And -- but it -- 17 more importantly, if you did one for Pat, what about Judge 18 Neunhoffer that was here 20-something years as county judge? 19 The only elected Republican west of the Mississippi at one 20 point. Commissioner Lich that was here for -- fell off of 21 Noah's Ark, and served here until he passed away a few years 22 ago. The gentleman from Comfort that served here for 24 23 years, -- 24 COMMISSIONER LETZ: Bartel. 25 COMMISSIONER BALDWIN: -- Mr. Bartel that we 2-10-14 55 1 recently lost. You know, you -- if you do one, you got to do 2 them all, and -- it's my opinion. And I hope I don't -- I'm 3 not coming across as being a rude person or anything against 4 Pat, 'cause he was a great county judge; there's no question. 5 I've served with four of them, and Pat was an interesting 6 dude, yeah. 7 MR. WILLIS: I think he's -- he was a different 8 kind of guy. 9 COMMISSIONER MOSER: A great leader. 10 MR. WILLIS: I understand that these other people 11 probably deserve the same thing. I wasn't here to propose 12 that. I'm here today. 13 COMMISSIONER BALDWIN: Yeah. 14 MR. WILLIS: But I do understand. If it's 15 something we can't do because of -- of everybody wants to do 16 the same kind of thing, I understand that. I just felt that 17 it would be something that would really stand out here and 18 show a lot of respect for what Pat's done for the community. 19 He's done a lot. And, you know, I had the means to be able 20 to make it happen, so I just thought it would be something I 21 could propose. If you guys don't want to do it, then, you 22 know, maybe we could -- 23 COMMISSIONER BALDWIN: Well, there's three other 24 votes here. I'm just giving you mine. 25 MR. WILLIS: I mean, I understand. 2-10-14 56 1 COMMISSIONER MOSER: I agree with Commissioner 2 Baldwin. I think, you know, everybody -- everybody 3 appreciated and realized the great job that Judge Tinley did. 4 He's certainly worthy of what you're saying. But I think we 5 need to have a policy of how we're going to handle this with 6 previous ones and ones in the future, and I think 7 Commissioner Letz has been working on, "Here's the use for 8 the total facility and grounds outside." I don't know where 9 that fits in that. So, I think there's some things that need 10 to be resolved before we say "Yea, verily' on a specific one, 11 is where I would come down. 12 COMMISSIONER LETZ: I generally agree with the 13 other two. I mean, certainly, Pat did a great job, but 14 there's others that have done great jobs, both commissioners 15 and judges and other elected officials, you know. We have -- 16 so I think this -- there are other ways that he can be 17 memorialized in the community. There's -- you know, whether 18 it's gifts to various entities. Ag Barn would be something, 19 library. I mean, there's lots of things that can be done to 20 memorialize -- 21 COMMISSIONER BALDWIN: Don't open the library door, 22 please. 23 COMMISSIONER MOSER: Let him go on. 24 MR. WILLIS: Well, my idea to do that, it not 25 necessarily has to be here at the courthouse. It could be 2-10-14 57 1 anywhere in the community, anywhere in the county as far as 2 that's concerned. So, if you have an idea of a location 3 where this might be adequate or something, don't hesitate to 4 let me know, because it's something that could -- you know, 5 it could bring -- it could actually be an attraction to our 6 community as well. You know, I don't think we have enough of 7 that type of thing here in our area. We need -- 8 COMMISSIONER BALDWIN: Do you know what else we 9 don't have enough of? There are so many people with great 10 ideas that want somebody else to pay for it and do it, and 11 you're stepping up to the plate, and I appreciate that very 12 much. 13 MR. WILLIS: Well, thank you. 14 COMMISSIONER BALDWIN: True. 15 MR. WILLIS: Well, if you guys come up with an 16 idea, let me know. 17 COMMISSIONER BALDWIN: Okay. Thank you very much. 18 MR. WILLIS: Thank you for your time. 19 COMMISSIONER BALDWIN: So, is there any action to 20 be taken there? Thank you, Mr. Willis. Okay, that takes 21 care of the timed items. Let's go back to 1.4; consider, 22 discuss, take appropriate action to accept the Tier 1 Partial 23 Exemption Racial Profiling report for Constable Number 1. 24 Did he make it back? 25 AUDIENCE: No. 2-10-14 58 1 COMMISSIONER BALDWIN: I move that we accept the 2 Partial Exemption Racial Profiling report for Constable 3 Number 1. 4 COMMISSIONER MOSER: Second. 5 COMMISSIONER LETZ: Second. 6 COMMISSIONER BALDWIN: I have a motion and second. 7 Any discussion? Zero? Raise your right hand. 8 (The motion carried by unanimous vote.) 9 COMMISSIONER BALDWIN: Motion carries. 1.5; 10 consider, discuss, take appropriate action to accept the Full 11 Exemption Racial Profiling report for the 198th Judicial 12 District Attorney's office, Scott Monroe. Is there anyone 13 from his office here? Anybody? I'll entertain a motion. 14 COMMISSIONER LETZ: I'll move that we accept the 15 report. 16 COMMISSIONER BALDWIN: Is there a second? 17 COMMISSIONER MOSER: Second. 18 COMMISSIONER BALDWIN: There's a second, and any 19 further discussion? Hearing none, all in favor, please raise 20 your right hand. 21 (The motion carried by unanimous vote.) 22 COMMISSIONER BALDWIN: Thank you. Item 1.8; 23 consider, discuss, take appropriate action on Request for 24 Proposals for emergency medical services, and that would be 25 Commissioner Baldwin, which would be me. I just put this on 2-10-14 59 1 the agenda for us to keep an eye on that thing, and there's 2 some things that are moving along. We're -- I understand 3 that there's a meeting over at the City Hall. 4 COMMISSIONER MOSER: I don't think that's been 5 scheduled. I think that -- that Ken Campbell has 6 communicated with the -- 7 COMMISSIONER BALDWIN: Yeah, he has, too. 8 MR. HENNEKE: On the 21st at 2 o'clock. 9 COMMISSIONER MOSER: 21st at 2 o'clock? 10 MR. HENNEKE: My understanding. 11 COMMISSIONER BALDWIN: So -- with some of the 12 players in the business. 13 COMMISSIONER MOSER: Yeah, sure. 14 COMMISSIONER BALDWIN: And so -- 15 COMMISSIONER MOSER: Okay. 16 COMMISSIONER BALDWIN: -- we'll be back on that one 17 later on. 18 COMMISSIONER MOSER: Super. 19 COMMISSIONER BALDWIN: 1.9; consider, discuss, take 20 appropriate action to set up procedures in accordance with 21 the Health and Safety Code, Section 694.002, duty of 22 Commissioners Court concerning disposition of body of 23 deceased paupers. Mrs. Pieper? 24 MS. PIEPER: Gentlemen, we've had several of these 25 this year, and I have gone through all the Commissioners 2-10-14 60 1 Court records, and I've not found any set of procedures. And 2 so we were kind of left in limbo, and just -- anyway, we got 3 it done. So, now I'm here to -- to get procedures that are 4 noted in Commissioners Court minutes. And I have gone to 5 Ms. Lavender for her help on this, and we have as backup the 6 policy that we would like adopted by y'all. This way, in the 7 future, nobody else will have to figure out what's going on 8 or how to do it. 9 COMMISSIONER MOSER: Has the County Attorney looked 10 at that? 11 MS. PIEPER: Yes, he has. 12 MR. HENNEKE: It's fine with me. 13 COMMISSIONER MOSER: Okay. 14 MR. HENNEKE: We should have had something in place 15 a long time ago. 16 COMMISSIONER MOSER: Yeah, okay. 17 COMMISSIONER LETZ: This is basically just citing 18 state law? 19 MS. PIEPER: Well, our procedure is going to be 20 when somebody comes in, then we're going to refer them down 21 to Rosa and Mary Lou. They will fill out applications and 22 affidavits to see if they meet criteria for a pauper's 23 burial. 24 MR. HENNEKE: This establishes the policy, 25 Commissioner. State law requires Commissioners Court to 2-10-14 61 1 adopt rules regarding the burial of a pauper, but Kerr 2 County, to the best of our research, has never done so. So, 3 what is proposed is -- is a mirrored copy of the policy 4 that's already in place with Smith County that they've been 5 operating under for a number of years. It provides for 6 cremation; caps the dollar amount at $750, which is what 7 we've been paying historically, and that amount is -- you 8 know, the local funeral homes are willing to provide the 9 service for that amount. So, this just kind of establishes 10 the steps from when someone comes to -- comes to the County 11 or, you know, requests for a pauper burial, how to get from 12 that point to the honorable disposition of remains, keeping 13 in consideration our fiduciary duty to the taxpayers. 14 MS. LAVENDER: And on Friday, I called and talked 15 with all three of the funeral homes and told them what we 16 were doing, and they're all 100 percent behind us. 17 COMMISSIONER BALDWIN: Any further questions? I'd 18 entertain a motion. 19 COMMISSIONER LETZ: I'll move we approve the pauper 20 burial policy as submitted. 21 COMMISSIONER OEHLER: Second. 22 COMMISSIONER BALDWIN: Commissioner, would you add 23 "effective immediately"? 24 COMMISSIONER LETZ: Effective immediately. 25 COMMISSIONER BALDWIN: And second? 2-10-14 62 1 COMMISSIONER OEHLER: And authorize you to sign. 2 COMMISSIONER LETZ: No, we all sign. 3 COMMISSIONER BALDWIN: No, we all sign this one. 4 COMMISSIONER OEHLER: Oh, dang. 5 COMMISSIONER BALDWIN: Yeah. So, any further 6 discussion? All in favor, raise your right hand. 7 (The motion carried by unanimous vote.) 8 COMMISSIONER BALDWIN: Motion carries. Thank you, 9 gentlemen. 1.10; consider, discuss, take appropriate action 10 to approve report to Commissioners Court of the status of 11 investments made under Section 887(b) of the Probate Code. 12 Mrs. Pieper? 13 MS. PIEPER: Gentlemen, this is a formality we have 14 to do once a year, and it's just the status of each case that 15 we've invested money in. 16 COMMISSIONER LETZ: Move we accept the report. 17 COMMISSIONER BALDWIN: We have a motion. Is there 18 a second? 19 COMMISSIONER OEHLER: Second. 20 COMMISSIONER BALDWIN: Any further discussion? All 21 in favor, raise your right hand. 22 (The motion carried by unanimous vote.) 23 COMMISSIONER BALDWIN: Motion carries. Thank you. 24 Item 1.11; consider, discuss, take appropriate action to 25 approve the equitable sharing agreement and certification 2-10-14 63 1 with United States Department of Justice, Criminal Division. 2 Mrs. Hargis? 3 MS. HARGIS: This, again, is a formality. This is 4 a report that we have to submit in order to receive these 5 funds every year, and we need the Court to approve this and 6 authorize Commissioner Baldwin to sign the same. And it goes 7 through the -- 8 SHERIFF HIERHOLZER: This isn't for us to receive 9 these funds every year. What this is, is there may have been 10 a joint investigation involving us and D.E.A. or somebody 11 like that, and normally it is a drug investigation where 12 people are arrested, moneys were seized or things of value 13 were seized. We're entitled to a share of that if those 14 items were forfeited by the courts. This is that share. So, 15 some -- some years you won't have anything, some years we 16 may. It just depends on criminal investigations, okay? 17 COMMISSIONER BALDWIN: Rusty, do they -- don't you 18 share some with the D.A.'s office and whoever else is 19 involved in it? 20 SHERIFF HIERHOLZER: That's under the state one, 21 under Chapter 59. This is under the federal, where we're 22 sharing it with the federal government, and then we make a 23 case like this, so it's filed in federal court. 24 COMMISSIONER BALDWIN: Thank you very much. 25 COMMISSIONER MOSER: I make a motion we accept the 2-10-14 64 1 Equitable Sharing Agreement and Certification with U.S. 2 Department of Justice, Criminal Division. 3 COMMISSIONER BALDWIN: We have a motion. Is there 4 a second? 5 COMMISSIONER LETZ: Second. 6 COMMISSIONER BALDWIN: Second. Any further 7 discussion? All in favor, raise your right hand. 8 (The motion carried by unanimous vote.) 9 COMMISSIONER BALDWIN: Motion carries. Thank you. 10 Item 1.12; discuss, take appropriate action to approve the 11 application to the Texas Water Development Board for the 12 Center Point Wastewater System. Commissioner Moser, you want 13 to pass on this? 14 COMMISSIONER MOSER: Yeah, I want to pass on that 15 till the next Commissioners Court. 16 COMMISSIONER LETZ: At this point, since this is on 17 the agenda, can I make a brief comment, just to get input? 18 COMMISSIONER BALDWIN: Sure. 19 COMMISSIONER LETZ: What this is, is that we are -- 20 while we're not finished with the current phase of the 21 report, the deadline to apply for construction funds to keep 22 our application going is March 1st. 23 COMMISSIONER MOSER: March 3rd. 24 COMMISSIONER LETZ: March 3rd. And Commissioner 25 Moser and I, in discussing this with Tetra Tech, felt that it 2-10-14 65 1 would make sense to get the application in so we stay in the 2 queue with Water Development Board. And, you know, we may or 3 may not proceed with the application. But I thought that 4 would make sense to get -- you know, get it in to them so 5 they can score it and see where we are, which will give us -- 6 how it scores depends on funding and things of that nature. 7 So, that's kind of what -- but it will be back on the next 8 agenda when Tetra Tech has prepared the application. 9 COMMISSIONER BALDWIN: Thank you. Any further 10 discussion? Item 1.13; consider, discuss, take appropriate 11 action to accept the 2013 Racial Profiling report as 12 submitted by the Kerr County Sheriff's Office to the Texas 13 Commission on Law Enforcement. Mr. Hierholzer? 14 SHERIFF HIERHOLZER: Same as what y'all have done. 15 It's just one of the requirements. 16 COMMISSIONER BALDWIN: Is there a motion? 17 COMMISSIONER MOSER: So moved. 18 COMMISSIONER OEHLER: Second. 19 COMMISSIONER BALDWIN: Motion and second. Any 20 further discussion? All in favor, raise your right hand. 21 (The motion carried by unanimous vote.) 22 COMMISSIONER BALDWIN: Motion carries. Thank you. 23 Item 1.14; consider, discuss, and take appropriate action 24 regarding renovations to the indoor arena at the Hill Country 25 Youth Event Center. Commissioner Oehler. 2-10-14 66 1 COMMISSIONER OEHLER: Yes, sir. I've got the 2 information here from Peter Lewis -- pass that down. I'll 3 let Peter go over it with you. We're talking -- we had asked 4 y'all -- we're looking at doing the renovation to the indoor 5 arena as well while we're doing the rest of the project out 6 there, we hope. And we needed some cost estimates, 'cause 7 the ones we had were outdated from about 2009. And so Peter 8 has done that to evaluate the situation and make an 9 estimation of costs if we decide to do this. So, Peter? 10 Want to lead us through it? 11 MR. LEWIS: Commissioner, thank you. Well, as 12 Commissioner Oehler pointed out, the -- the last estimate 13 that we had done, the budget estimate was done in March of 14 2009, so it's five years old. It had some items in it that 15 aren't included now, and among those being we were going to 16 upgrade the restrooms. That's all going to be part of the 17 new event hall, so the numbers that are included you see 18 there. And there are two bid packages, and we would propose 19 that these -- we structured these so that Bid Package A, 20 repair roof and skylights, new 6-inch foil insulation with 21 piano wire, and new building trim, could be bid on by a metal 22 building contractor and go directly to the source, as opposed 23 to going through the general contractor. 24 And the Bid Package B is mechanical and electrical, 25 and that's been some pretty big -- we've got ventilation, 2-10-14 67 1 replacing fans, upgrading electrical service, replacing 2 interior and exterior lighting, and new fire alarm system. 3 We worked with -- and our good friends at D.W. Electric 4 helped us with these budget numbers. And you can see 5 replacing interior and exterior lighting, we would propose 6 that those would be done with LED fixtures, which would 7 reduce the power -- you know, power consumption in the 8 building, as well as reduce the amount of maintenance. Tim 9 won't be around by the time those lamps need to be replaced. 10 And -- and -- but there is also a deduct if you would choose 11 not to. Exterior lighting would be wall packs -- again, LED 12 wall packs. 13 I believe Commissioners Court has -- at least 14 philosophically, if not by order, have said that they'd like 15 the county to lead in energy -- you know, in reducing energy 16 consumption, and LED lighting is of lower demand based on 17 billing. And so then we've thrown in a budget item. Most of 18 these are engineering items that -- so we've got a number in 19 there for architect and engineer's fees. I've suggested to 20 Commissioner Oehler that you don't necessarily need an 21 architect to do this part of it, but we can manage the 22 project for you, manage the bidding if you'd like that, and 23 we would bring the engineers -- electrical and mechanical 24 engineers in to facilitate that. So, the Bid Package A, 25 180,000, was the roof repairs and insulation. Bid Package B, 2-10-14 68 1 453,000, for -- and with A/E fees, a total of $671,222. The 2 original budget number five years ago was $885,600. 3 COMMISSIONER MOSER: Was that for the same scope of 4 work? 5 MR. LEWIS: It was generally the same scope. It 6 had -- it had indoor fire protection, which is not a part of 7 this proposal, and it had renovating the restrooms and 8 kitchen area, which is all -- which will be a part of the 9 event hall; we're doing new restrooms in there. 10 COMMISSIONER MOSER: On the 6-inch -- Bid Package 11 A, 6-inch foil insulation with piano wire -- 12 MR. LEWIS: For full-face insulation. 13 COMMISSIONER MOSER: That's on the walls? 14 MR. LEWIS: No, that would be under -- 15 COMMISSIONER MOSER: Under the roof? 16 MR. LEWIS: Yes, sir. 17 COMMISSIONER MOSER: Under the roof. 18 MR. LEWIS: Mm-hmm. And we'd do it -- do it 19 without having to remove -- 20 COMMISSIONER MOSER: Yeah. 21 MR. LEWIS: -- the roof panels. The repair roof 22 and skylights, a roofer would be up -- go up there and look 23 at all the gaskets and the screws, exposed fasteners, replace 24 the ones that needed to be replaced and tighten up the ones 25 that are -- have worn well. 2-10-14 69 1 COMMISSIONER MOSER: What's the age of that roof? 2 MR. LEWIS: I -- 3 COMMISSIONER OEHLER: Thirty-seven years old. 4 COMMISSIONER MOSER: Okay. 5 MR. LEWIS: I suspect most of the fasteners will 6 need to be replaced. 7 COMMISSIONER MOSER: We looked at -- or somebody 8 looked at it at the airport, which is -- you know, the roof 9 was about the same age; looked at a -- a spray-on. 10 Twenty-year minimum guarantee on that. Is that something we 11 ought to consider in this? As opposed to -- 12 MR. LEWIS: What is the nature -- what is the 13 chemical nature of that product? 14 COMMISSIONER MOSER: Huh? 15 MR. LEWIS: Are you talking about a urethane? 16 COMMISSIONER MOSER: Yeah -- I don't remember, 17 Peter. I don't remember exactly what it was. 18 MR. LEWIS: We -- I've had experience over the 19 years with urethane on metal roofs. It is -- I don't 20 recommend it. 21 COMMISSIONER MOSER: Yeah. 22 MR. LEWIS: We -- it does provide insulation, but 23 it also -- the appearance of it, I mean, from the esthetic 24 standpoint and use, chemical complexion of it -- 25 COMMISSIONER MOSER: I know that one member of the 2-10-14 70 1 board -- Airport Board -- 2 COMMISSIONER LETZ: Corey? 3 COMMISSIONER MOSER: Corey Walters, thank you. 4 Corey Walters has a number of investment properties, and he 5 was providing his expertise and knowledge of that. He says 6 it works very well for him if done properly, and it lasts a 7 long time. So, the only reason I bring that up is that, 8 could that be a more cost-effective way of doing it for the 9 long-term, as opposed to replacing fasteners and -- and I 10 know it's got some -- I don't know where the leaks are coming 11 from now, but they're -- Bruce knows more about that than I 12 do. There's some pretty big leaks in that thing. I don't 13 know if the material is degraded, or if it's joints or -- so 14 that's the only reason I would say, you know, I think we 15 ought to look at doing something maybe more than just 16 superficial. 17 MR. LEWIS: And I'm not prepared to speak to the 18 cost benefit at this point. 19 COMMISSIONER MOSER: Yeah. 20 MR. LEWIS: My experience with it was with United 21 States Postal Service; we did a number of projects. I had an 22 open-ended contract for 30-some-odd facilities, and we did 23 that on some of the roofs. And they stopped using it on -- 24 one of the projects had over-spray and it got on vehicles, 25 and it's just -- I mean, there were just some implications. 2-10-14 71 1 And, again, from an appearance standpoint, we're looking at 2 having exposed fastener metal roofs on all the other 3 buildings, and if we would go and repair this roof, it would 4 be consistent in appearance. So -- 5 COMMISSIONER LETZ: I think it's worthwhile looking 6 at it, but I think the metal part of a metal roof lasts 7 virtually forever. You know, it's the fasteners that is -- 8 in my experience, is where you have some trouble. And if 9 there's a -- I know in the old days, they used to put tar on 10 tin roofs, and that is a disaster. 11 COMMISSIONER MOSER: Right. 12 COMMISSIONER LETZ: So, I don't know -- you know, 13 the metal itself usually lasts; it's just the matter of the 14 joints, and there's some caulking, I guess, goes in there, 15 and the fasteners themselves tend to heat and expand, kind of 16 work themselves up, and you just don't have a tight fit. 17 COMMISSIONER OEHLER: Also, those gaskets -- you 18 know, little gaskets, they just flake out. Just replace the 19 screws. 20 MR. LEWIS: The gaskets are -- evaporate, 21 basically. 22 COMMISSIONER MOSER: Yeah, that was my only 23 question. What is it we're repairing? If it's just the 24 gaskets, yeah, I agree with you. 25 COMMISSIONER OEHLER: Fasteners, whatever, holes 2-10-14 72 1 there might need to be repaired. 2 COMMISSIONER MOSER: Yeah. Well, that's -- 3 COMMISSIONER LETZ: That's probably the biggest 4 problem. 5 COMMISSIONER BALDWIN: Would you explain something 6 for me? Exit lights and switching for $228,000? 7 MR. LEWIS: Well, that's -- those are included in 8 that. That is really rebuilding the electrical service in 9 its entirety, and those were just comments that included 10 those items. 11 COMMISSIONER BALDWIN: You're a nice boy. 12 MR. LEWIS: Yeah, 'cause that's pretty expensive 13 exit lighting. 14 COMMISSIONER MOSER: Why is that suggested, to 15 completely upgrade the electrical? 16 MR. LEWIS: Because it doesn't comply with current 17 code. 18 COMMISSIONER OEHLER: There's not enough power. 19 COMMISSIONER LETZ: That was put together by 20 volunteers, and it was done with whatever they had. 21 COMMISSIONER MOSER: I see. 22 COMMISSIONER LETZ: And according to any kind of 23 safety code you look at, it's not in compliance, and that 24 means a huge liability for the county. 25 MR. LEWIS: And they trip breakers frequently, so 2-10-14 73 1 it is undersized, and doesn't -- and I would be overstepping 2 my bounds if I went much further than that. But, again, D.W. 3 Electric went out there and inventoried -- as a gift to the 4 Commissioners Court, inventoried what was there, and this is 5 what they -- the number they came up with. And they suggest 6 that this is a -- a conservative number, and that this work 7 could possibly be done for less, but they're confident that 8 this would cover the scope. 9 COMMISSIONER MOSER: And the ventilation is Big Ass 10 fans? Is that what is -- 11 SHERIFF HIERHOLZER: Hmm-mm, it's exhaust fans. 12 COMMISSIONER MOSER: Exhaust fans? 13 MR. LEWIS: Yes, sir. 14 COMMISSIONER MOSER: Like up in the -- 15 COMMISSIONER OEHLER: Can't put the Big Ass fans in 16 because they hang too low. 17 COMMISSIONER MOSER: I see. 18 MR. LEWIS: Just barely have a clear -- 19 COMMISSIONER BALDWIN: And they'd pull the horses 20 up. 21 MR. LEWIS: Which would be like an Olympic sports 22 event or something. 23 COMMISSIONER BALDWIN: Yeah. 24 COMMISSIONER MOSER: And where -- is this part of 25 the C.O.? 2-10-14 74 1 COMMISSIONER LETZ: Yes. 2 COMMISSIONER OEHLER: If we decide to do it. 3 COMMISSIONER MOSER: Mm-hmm. 4 MR. LEWIS: And, again, I'll point out, it is about 5 $200,000 less than the 2009 estimate, because -- 6 COMMISSIONER MOSER: But the scope is different. 7 MR. LEWIS: Yeah. 8 COMMISSIONER MOSER: So it's not apples to apples. 9 MR. LEWIS: This time we were looking more at LED 10 lighting. We're suggesting -- 11 COMMISSIONER MOSER: Do you have any feeling -- I 12 know you may know the answer to this, but do you have any 13 feel for what this would save in going to LED lighting as 14 opposed to what's there? That, too, is probably apples and 15 apples, 'cause it's a lot more lighting, and -- 16 MR. LEWIS: Well, I mean, it's a lower demand. It 17 generates less heat, and they're going to have a longer life. 18 COMMISSIONER MOSER: But to answer the question, do 19 you have any idea -- 20 MR. LEWIS: I do not. 21 COMMISSIONER MOSER: Okay. 22 MR. LEWIS: I do not at this point. I certainly 23 can -- 24 COMMISSIONER MOSER: Well, that -- we're going to 25 look at it piecemeal, are we not, on the LED? 2-10-14 75 1 COMMISSIONER LETZ: Well, there -- there's a chance 2 that KPUB may give us some kind of a rebate on their program 3 with us upgrading this facility, and we're looking at that 4 with KPUB. 5 COMMISSIONER MOSER: Okay. But what I'm saying is, 6 we -- we looked at the contractor -- 7 COMMISSIONER LETZ: Yeah. 8 COMMISSIONER MOSER: -- of the proposed LED 9 lighting. We said let's take a pilot plant -- 10 COMMISSIONER LETZ: Right. 11 COMMISSIONER MOSER: -- approach and look at some 12 facility. 13 COMMISSIONER LETZ: Right. 14 COMMISSIONER MOSER: Would this not be something 15 that we could include with them? 16 COMMISSIONER LETZ: Yes. 17 COMMISSIONER MOSER: As to cost-effectiveness? 18 COMMISSIONER LETZ: We could do that also. And 19 also, just one of those things that I think as we move 20 forward with any kind of renovations we do, we should 21 switch -- and/or there's electrical lighting involved, we 22 should go with the LED. It's kind of -- I mean, they could, 23 probably. The problem's going to be, I don't know how many 24 meters we have out there, so it's hard to tell before or 25 after, 'cause we're looking at making other changes as we're 2-10-14 76 1 doing it. 2 COMMISSIONER MOSER: Okay. 3 COMMISSIONER LETZ: I mean, it's -- you know, you 4 almost have to rely on their numbers, what kind of lighting 5 is there now, what the LED's use, and just have a paper 6 savings. 7 COMMISSIONER MOSER: Sure. 8 COMMISSIONER LETZ: Which -- 9 COMMISSIONER MOSER: That's probably adequate. 10 COMMISSIONER LETZ: Yeah. 11 COMMISSIONER BALDWIN: If you include the A and E 12 fees in this, would you see that he looks into this issue 13 that he's talking about? Somebody? 14 COMMISSIONER LETZ: Yeah, figure out what the 15 analysis would be. 16 COMMISSIONER BALDWIN: Make sure we get it done. 17 MR. LEWIS: Then it's going to be 37,995. 18 COMMISSIONER MOSER: I move for that. (Laughter.) 19 COMMISSIONER BALDWIN: Man, you drive a hard 20 bargain, but okay. 21 COMMISSIONER MOSER: Just added a dollar. We don't 22 need any action. This is just, I think, a number -- 23 COMMISSIONER OEHLER: This was to give us a number 24 and see if we can do this, or decide to do it or not do it. 25 COMMISSIONER BALDWIN: Very good. Thank you. 2-10-14 77 1 MR. LEWIS: Thank you. 2 COMMISSIONER BALDWIN: Any further discussion on 3 the thing? Thank you, Peter. 4 MR. LEWIS: Thank you, gentlemen. 5 COMMISSIONER BALDWIN: One point -- let's -- let's 6 hang in here and finish this whole thing, and then we have 7 one this afternoon at 1:30? 8 COMMISSIONER LETZ: Right. 9 COMMISSIONER BALDWIN: And so let's finish this 10 thing, and then -- 11 COMMISSIONER MOSER: Break. 12 COMMISSIONER BALDWIN: -- break. 13 MAYOR PRATT: Commissioner? 14 COMMISSIONER BALDWIN: Yes, sir? 15 MAYOR PRATT: May I address the Court on Agenda 16 Item Number 1.8? I think there's a misunderstanding. I 17 don't have on it my schedule. There is a conflict with the 18 City to have a meeting on the EMS on that particular day, so 19 if there is one, we're going to have to cancel. 20 COMMISSIONER BALDWIN: What about the -- what about 21 the letter we got? 22 MR. HENNEKE: I'm looking for the e-mail, 23 Commissioner. 24 SHERIFF HIERHOLZER: There's a bunch of e-mails 25 with Hays and everybody else back and forth that agreed to 2-10-14 78 1 that date. 2 COMMISSIONER BALDWIN: All right, the meeting's 3 been canceled. Thank you very much. 4 MAYOR PRATT: You bet. 5 COMMISSIONER BALDWIN: 1.15; consider, discuss, and 6 take appropriate action on capital items for proposed 7 certificate of obligation. Commissioner Letz? 8 COMMISSIONER LETZ: I put this on the agenda today 9 just so we could kind of look at this again. We discussed 10 some of these items at our last meeting, and at our next 11 meeting I suspect we'll have the -- you know, more 12 information on this. I think we have a public hearing or 13 meeting coming up on it also. Looking at the numbers that I 14 have still, the exhibit hall is 2.2 million. The placeholder 15 for the communications for the Sheriff is 1 million. The 16 exhibit hall is 671,000 -- or the arena, excuse me. And we 17 had in there before the fire station, 250,000. And I visited 18 with Commissioner Baldwin a little bit about this; I think 19 Commissioner Moser had a good point on this. A building 20 there is going to cost about 250,000, but it probably is 21 premature to go that far. I think more discussion probably 22 needs to be had with fire -- volunteer fire departments. My 23 understanding is that Ingram, Center Point, and -- Turtle 24 Creek? 25 COMMISSIONER BALDWIN: Correct. 2-10-14 79 1 COMMISSIONER LETZ: Maybe kind of agreed to help 2 donate equipment, fund it and do it. But I think that it's 3 probably premature to build a building at this point. I do 4 think we probably should maybe put 100,000 in the budget for 5 that so we have the money earmarked for going forward with 6 construction plans, you know, and other documentation if we 7 get there, but not a new building at this point. 8 COMMISSIONER MOSER: Okay. I have a question on -- 9 on the items that are in there, too. There's -- I didn't see 10 us say what all we would like to put in a C.O., okay? 11 There's some other things too. We probably should put parks 12 and -- improvements in parks and some bridges around the 13 county, and other Road and Bridge kind of stuff that probably 14 should be considered in that. I think we need to have, you 15 know, an opportunity to make sure we've got all this stuff in 16 there. 17 COMMISSIONER LETZ: I agree. That's why it's on 18 the agenda. 19 COMMISSIONER MOSER: Yeah. Okay, cool. So -- 20 okay, so what is our -- what's our process and procedure for 21 putting the shopping list -- laundry list in there? 22 COMMISSIONER LETZ: Well, I think that the -- my 23 understanding is the Auditor has visited with and looked at 24 the last C.O. and visited some. The Sheriff's Department 25 vehicles were tight, but they're in here; we have money 2-10-14 80 1 there. The computer system upgrade's there for the next 2 three years. There's -- or two years. There's funds that we 3 have from the last C.O. that will go to 2016. There's funds 4 there. This -- 5 COMMISSIONER MOSER: Well, all I'm saying is, have 6 we -- have we looked across the county at what we ought to 7 have in there? And I -- I wasn't aware of how all this stuff 8 is going in. 9 COMMISSIONER LETZ: It was -- I have not talked 10 with Road and Bridge, but the last time when they had their 11 list, that was supposed to get them through to 2016. 12 COMMISSIONER MOSER: Yeah. 13 COMMISSIONER LETZ: I think anyone who has any 14 items that are -- were non-budgeted, I think, or not -- not 15 included and don't have funds available for things, we need 16 to get them to come forward. 17 COMMISSIONER MOSER: Okay. So, what's that 18 process? Do we give that to Jeannie and say, "Hey, here's 19 some other things that should be in there"? 20 COMMISSIONER LETZ: Yes. She's generally 21 included -- and she knows what funds are left, like, for -- 22 COMMISSIONER MOSER: Yeah, okay. 23 COMMISSIONER LETZ: -- John Trolinger and -- 24 COMMISSIONER OEHLER: Well, I got from Ray this 25 morning his drawings of what he would like to see built to 2-10-14 81 1 move his offices totally out to Animal Control, and so 2 that's -- I believe outside is 200,000, and the lesser figure 3 of 165,000 to 200,000. 4 COMMISSIONER MOSER: So, there's no action here, 5 just a discussion? 6 COMMISSIONER LETZ: Just trying to get the list 7 finalized. It says 200,000 at this point for that facility. 8 And, you know, we can -- you know, the Sheriff may have a 9 better number. Probably not. I'm just not sure where he is 10 with Trott Communications and doing that study. 11 SHERIFF HIERHOLZER: Trott Communications will be 12 up here on the 18th, 19th, and 20th to meet with our office, 13 and with some of the local engineers and those that do it, so 14 hopefully within a few weeks after that, we will have better 15 numbers, 'cause that is -- the one million is really cutting 16 it close. I think the just estimate we kind of had from a 17 vendor was a million, thirty thousand. Now, once you get 18 into it and that, and if they have to move an actual radio 19 tower site around, it very easily could go more than that. 20 I'm trying to get it as quick as we can, but it is a very 21 engineered type deal that has to be looked at. 22 COMMISSIONER MOSER: So, for clarification, then, 23 there are other things that we've not talked about that could 24 be in there, and we'll bring that forward and discuss that at 25 a future -- 2-10-14 82 1 COMMISSIONER LETZ: It'll be on our agenda again at 2 the next meeting. I think we need to try to narrow it down 3 to a pretty good list at the next meeting. 4 COMMISSIONER MOSER: Okay. 'Cause I know there's 5 been a lot of discussion about Lions Park down in Center 6 Point and making improvements there; Flat Rock Park, some 7 stuff there, just in total in the parks. So, a couple of 8 bridges that are super dangerous -- very dangerous in the 9 community, so Road and Bridge needs to weigh in on that. 10 COMMISSIONER LETZ: The bridges, are those on 11 the -- not bridges that are not included in the off-bridge 12 system -- or what's it called? The off -- 13 COMMISSIONER OEHLER: I've got one that's not ever 14 been included. 15 COMMISSIONER LETZ: We need to get with TexDOT on 16 that, 'cause some of these bridges -- 17 COMMISSIONER MOSER: Well, these are -- these 18 are -- 19 COMMISSIONER BALDWIN: Off-system. 20 COMMISSIONER MOSER: Those are not state bridges. 21 These are -- 22 COMMISSIONER LETZ: Off-system bridges, but on 23 county roads, those are included. Road and Bridge has a 24 bridge list, and every bridge in the county should be on that 25 list, and the state grading of that bridge should be on the 2-10-14 83 1 list. But if they're county, state, or -- 2 COMMISSIONER OEHLER: Used to be. 3 COMMISSIONER LETZ: Should be. I see Bob Reeves in 4 the back, and I know that the last time I discussed it with 5 him, there was about -- they looked at they had 250,000, 6 which will come off of those numbers as a contribution for 7 the facility. If -- between now and then, if that number is 8 different, let us know. They're still on the hook for 9 another 250, which you can just figure -- but when you get 10 it -- or you can just write it yourself if you want to cover 11 it. 12 MR. REEVES: Could you hold the check? (Laughter.) 13 COMMISSIONER LETZ: But, anyway, this is just to 14 make sure -- 15 COMMISSIONER MOSER: Okay. 16 COMMISSIONER LETZ: -- the communication keeps 17 going. This will be on our next agenda again. Just starting 18 -- trying to refine the list a little further. 19 COMMISSIONER MOSER: Okay. 20 COMMISSIONER BALDWIN: Very good. 21 COMMISSIONER OEHLER: We still have a half million 22 left over in the last issue to go into Phase 2. 23 COMMISSIONER MOSER: Right. 24 COMMISSIONER OEHLER: Anyway, that -- I think we'll 25 be able to get most everything done with what we can. 2-10-14 84 1 COMMISSIONER BALDWIN: I like that thing right 2 there. I do. I think that -- I think that would be a plus. 3 COMMISSIONER LETZ: It is -- yeah, I think it would 4 be a plus. 5 COMMISSIONER BALDWIN: For future. 6 COMMISSIONER LETZ: We'll get copies of this, put 7 it in everyone's box. Ray's been working on this with me and 8 Bruce, and we've got some outside contractors looking at the 9 cost. I think Ray was trying to take -- wanted to take the 10 bull by the horns and build it himself, but I think it's 11 better for us to get a contractor involved with this. We 12 might do the finish out in-house through our Maintenance 13 Department, and -- but I think the actual building itself 14 probably should be done -- handled by a contractor, because 15 it's in the city. There's all kinds of liability and code 16 issues we need to make sure get followed. 17 COMMISSIONER BALDWIN: Let's go to Section 4, the 18 approval agenda. 4.1, pay the bills. 19 COMMISSIONER MOSER: I make a motion we pay the 20 bills. 21 COMMISSIONER LETZ: Second. 22 COMMISSIONER BALDWIN: We have a motion and second. 23 All in favor, raise your right hand. 24 (The motion carried by unanimous vote.) 25 COMMISSIONER BALDWIN: Bills will be paid. Again. 2-10-14 85 1 Budget amendments? 2 MS. HARGIS: We have a few -- three. 3 COMMISSIONER BALDWIN: Do we have them? 4 MS. HARGIS: You should have them. 5 COMMISSIONER BALDWIN: Okay. 6 COMMISSIONER MOSER: Somewhere. 7 COMMISSIONER LETZ: I'll make a motion that we 8 approve the three budget amendments. 9 COMMISSIONER BALDWIN: Okay, we have a motion. 10 COMMISSIONER OEHLER: Second. 11 COMMISSIONER BALDWIN: And a second. Any further 12 discussion about them? All in favor, raise your right hand. 13 (The motion carried by unanimous vote.) 14 COMMISSIONER BALDWIN: Budget amendments will be 15 paid. Any late bills, Mrs. Auditor? 16 MS. HARGIS: Yes, sir, we do have one. 17 COMMISSIONER BALDWIN: Okay. Is that private, or 18 are you going to share it with us? 19 MS. HARGIS: I'm going to share it with you, if I 20 haven't lost it. 21 COMMISSIONER BALDWIN: All right, you don't have to 22 yell. 23 MS. HARGIS: It's for postage for the District 24 Clerk's Office. Total is 7,500. They usually put their 25 postage in for about six months at a time on their meters. 2-10-14 86 1 COMMISSIONER BALDWIN: Motion? 2 COMMISSIONER LETZ: So moved. 3 COMMISSIONER BALDWIN: And a second? 4 COMMISSIONER MOSER: Second. 5 COMMISSIONER BALDWIN: All in favor, raise your 6 right hand. 7 (The motion carried by unanimous vote.) 8 COMMISSIONER BALDWIN: Motion carries. Reports 9 from the Commissioners, liaison/committee assignments? 10 THE CLERK: Here, Commissioner. 11 COMMISSIONER BALDWIN: Number two? 12 COMMISSIONER MOSER: Nothing. 13 COMMISSIONER BALDWIN: Number four? 14 COMMISSIONER OEHLER: No. 15 COMMISSIONER BALDWIN: Very good. Reports from 16 elected officials, department heads? Department heads. 17 Jody, are you a department head? Are you sure? 18 MS. GRINSTEAD: I'm positive. 19 COMMISSIONER BALDWIN: Elected officials? 20 Department heads? Jack, do you want in on this? 21 MAYOR PRATT: No, sir. 22 COMMISSIONER BALDWIN: Okay. All right. 23 MAYOR PRATT: Keep me out of it. 24 COMMISSIONER BALDWIN: All right, nevermind. 25 SHERIFF HIERHOLZER: Just quickly, jail population. 2-10-14 87 1 COMMISSIONER BALDWIN: Yeah. 2 SHERIFF HIERHOLZER: I hate to be the bearer of bad 3 news, but we're at, this morning, 161. Remember, 80 4 percent's about 153, so I'm overcrowded. Females, we're at 5 28, 29. I only have 32 beds total. So, I would imagine if 6 things keep going like they are, we will be having to 7 contract with other counties to house some of our inmates, 8 which does get very expensive shortly. I think a lot of this 9 may be due to some unfortunate things that our Legislature 10 did this last time. They pretty well killed our fast track 11 system of moving cases quicker, and they've crossed states, 12 and I'm unfortunately expecting to stack up for longer 13 periods in the jails. 14 COMMISSIONER LETZ: They crossed that or delayed 15 that -- what did you say? 16 SHERIFF HIERHOLZER: They pretty well killed it, 17 because some -- you know, you had -- every inmate is entitled 18 to their rights; no ifs, ands, or buts. But there was an old 19 case, evidently, out of Dallas or somewhere where an innocent 20 man was convicted. That brought it all up, okay. But now 21 there are certain things that even if the person wants to 22 plead guilty and wants to get everything taken care of, 23 there's certain things that his attorney and the prosecutor 24 all have to make sure and sign off that each other got in the 25 case before that can be done. And that's going to delay the 2-10-14 88 1 cases, and a longer period of time. That's where we're at. 2 COMMISSIONER LETZ: I visited with Judge Emerson on 3 that a little bit. I think it would be interesting to have 4 him come down and give his perspective on it, because it, I 5 guess, requires more time to get someone to plead out, my 6 understanding. But -- 7 COMMISSIONER MOSER: That would be good. 8 COMMISSIONER LETZ: And they're also waiting on 9 additional information from, I think, you know, some of -- 10 the -- what do you call the head guy? -- the Attorney 11 General, on how some of that legislation may actually be 12 implemented. 13 MR. HENNEKE: Well, just a little interesting 14 wrinkle, something I visited with Rusty about this morning, 15 but there's a possibility we're looking into that the 16 Affordable Care Act may apply to pretrial detainees only, 17 making them eligible for insurance. That could possibly take 18 that cost off the County, so it's something that we're 19 looking at, and we'll come back with if it pans out. 20 COMMISSIONER BALDWIN: Okay. Department head? 21 Department head? 22 MR. GARCIA: Yes, sir. 23 COMMISSIONER BALDWIN: Don't ever give up a good 24 chance to say something. 25 MR. GARCIA: No, sir. Last Thursday, we had a 2-10-14 89 1 diesel fuel oil spill in Lamb Creek up on Medina Mountain, 2 and I just want to put a -- a thank-you out to the quick 3 response from the D.P.S. officer that went out there, to the 4 dispatcher who contacted our two Environmental Health 5 deputies, who -- the response time was so quick, they 6 contained 90 percent of that spill. There was 250 gallons 7 going into Lamb Creek, so it was direct discharge into it. 8 These guys responded in a very, very expedient manner and 9 saved a lot of damage out there. Again, Rusty's dispatchers 10 to TexDOT, to them calling out the hazmat crew from San 11 Antonio, to our folks, everybody responded quickly. And also 12 the Turtle Creek -- Lower Turtle Creek Volunteer Fire 13 Department was out there taking care of that, so we -- with 14 U.G.R.A. also supplying a lot of the equipment for 15 containment of this spill. We acted -- everybody acted in a 16 professional and very, very expedient manner, and we saved a 17 lot of impact, damage to Lower Turtle Creek, Guadalupe River 18 and so forth. So, again, big thanks to everyone out there 19 that helped out in this spill. That's it. 20 COMMISSIONER BALDWIN: Yeah, thank you very much. 21 We need to go back up to Section 4, approve and accept 22 monthly reports. I have here Kerr County payroll, County 23 Clerk, Constable 1, Constable 4, J.P. 2, Environmental 24 Health, Animal Services, District Clerk, Texas Nuisance 25 Abatement Program case report, October through December 2013 2-10-14 90 1 J.P. 3, as presented. Would you approve these? 2 COMMISSIONER LETZ: So moved. 3 COMMISSIONER MOSER: Second. 4 COMMISSIONER BALDWIN: Motion and a second. All in 5 favor, raise your right hand. 6 (The motion carried by unanimous vote.) 7 COMMISSIONER BALDWIN: Motion carries. Thank you, 8 sir. Information agenda, Item 5.3. Does anybody have 9 anything to report on the city-county joint projects? 10 MAYOR PRATT: As you may or may not know, the City 11 of Kerrville has seven ambulances, and this last week during 12 the ice catastrophe, at one time the City had six of its 13 ambulances out in the county -- not into the city, but out in 14 the county -- responding to emergencies. I just wanted the 15 Court to know that. 16 COMMISSIONER LETZ: Thank you. 17 COMMISSIONER BALDWIN: Thank you very much. 18 COMMISSIONER LETZ: Commissioner, I have a 19 question, just to the County Attorney. 20 COMMISSIONER BALDWIN: Okay. 21 COMMISSIONER LETZ: Have you thought about us being 22 able to meet a little bit early on the item of interviewing 23 candidates for the V.S.O. officer? The reason I ask the 24 County Attorney, that's posted as a 1:30 timed item, but it 25 would be helpful, I think, if we had a little discussion in 2-10-14 91 1 executive session before that started at 1:30. 2 MR. HENNEKE: That's the danger of these timed 3 items, is that if -- you've got to put notice out there. The 4 public is notified, so -- 5 COMMISSIONER LETZ: We'll do it at 1:30. And the 6 County Attorney has advised that the other members of the 7 committee will not be present -- or should not be present? 8 MR. HENNEKE: Well, you know, I'll talk to you 9 after the meeting is recessed. 10 COMMISSIONER LETZ: They may or may not be present 11 for some part of that interview process, or giving us input 12 prior to it. So, if y'all would just hang around, though, be 13 available at 1:30. 14 COMMISSIONER BALDWIN: So, we do have an item 15 scheduled for 1:30. That would be 1.16; consider, discuss, 16 and take appropriate action on interviews and possible hiring 17 of a Veteran Service Officer. That would be an executive 18 session item. Therefore, this Commissioners Court is in 19 recess. 20 (Recess taken from 10:50 a.m. to 1:30 p.m.) 21 - - - - - - - - - - 22 COMMISSIONER BALDWIN: Okay, the Commissioners 23 Court is back in session. It is now 1:30, Monday, February 24 10th, 2014. The Commissioners Court's in session. We will 25 now recess the Commissioners Court and go into executive 2-10-14 92 1 session to deal with Item 1.16; consider, discuss, take 2 appropriate action on interviews and possible hiring of the 3 Veterans Services Officer. 4 (The open session was closed at 1:30 p.m., and an executive session was held, the transcript of which 5 is contained in a separate document.) 6 - - - - - - - - - - 7 COMMISSIONER BALDWIN: Okay, I have 3:15. The 8 Commissioners Court's back in open session at this time, and 9 for a short period of time, because we are adjourned, at 3:15 10 point five. 11 (Commissioners Court adjourned at 3:15 p.m.) 12 - - - - - - - - - - 13 14 STATE OF TEXAS | 15 COUNTY OF KERR | 16 The above and foregoing is a true and complete 17 transcription of my stenotype notes taken in my capacity as 18 official reporter for the Commissioners Court of Kerr County, 19 Texas, at the time and place heretofore set forth. 20 DATED at Kerrville, Texas, this 13th day of February, 21 2014. 22 23 JANNETT PIEPER, Kerr County Clerk 24 BY: _________________________________ Kathy Banik, Deputy County Clerk 25 Certified Shorthand Reporter 2-10-14